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UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


*V 


GRAY  DON'S  FORMS^ 

OF 

C  0  N  V  E  Y  A  N  C  I  N  U, 


AND  or 

VARIOUS  COURTS  AND  PUBLIC  OFFICES, 

IN   TWO   VOLIMF.S, 

IBZPB.OVSD 

BY  THE   ADDITION  OF 

AN    APPENDIX, 

Containing  x  number  of  useful  forms  not  heretofore  pnblislied,  topether 
with  occasional  notes  of  I'ennsvlvania  cases,  cnibraciiip  the  modes  of 
taking  Acknowledgments  and  I'roofs  of  Deeds,  Lc. 

V  O  I*.    I. 


ARHANGF.D  AND  CORRECTr.D  BY 

PETER  THOMSON,  Conveyanrpr. 

AKD 

JOHN  P.  OWENJr,  Esquire, 


A.  Walker,  Agt.  No.  14  Arch  Street,  I'hiladclphi*.         * 


1831. 


v*  .< 


'^\ 


Zattern  District  of  Penntylvania,  touit: 

2???    BE  IT   REMEMBERED,THAronthe,eyemhdajofJanu«r7, 

^  '^    in  the  tiCiv-fifth  ytar  i>l'  the  Indi-pn-iidtnce  of  the  Uiiittd  States  of  Americi, 

##"#  ij?  A.  I).  18Ji',  Aiiibiose  'Walker,  of  the  said  District,  hath  deposited  in  this  of- 
fice the  title  of  u  book,  the  right  whereof  ht  claims  as  proprietor,  iu  the  words  foUowiuf, 
to  wit : 

Graydon's  Forms  of  Conveyancing,  and  of  Practice  in  various  Courts  and  Public  OfBcet, 
in  two  volumes,  improved  by  the  addition  of  an  Appendix,  containing-  a  number  of  useful 
Forms  not  hrn-tofiire  publislied,  together  with  oceasiona!  Notts  of  Pennsylvania  Cases,  em- 
briiciiig-  themode»  of  taking  Acknowledgments  and  Proofs  of  Deeds,  ire.  vol.  I.  Arranged 
and  corrected  by  Pelcr  Tlionison,  Conveyancer,  and  John  F.  Owens,  Esquire. 

In  conformity  to  the  Act  of  the  Congress  of  the  United  States,  entitled  "  An  Act  for  the 
rncouragernent  of  learning,  by  securing  the  copies  of  maps,  charts,  and  books,  to  the  Authors 
and  Proprietors  of  such  copies,  during  the  times  therein  mentioned ;''— And  also  to  the  Act, 
entitled  •'  An  Act  supplementary  to  an  Act,  entitled  •'  Au  Act  for  the  encouragement  of 
learning,  bv  securing  the  copiis  of  maps,  charts,  and  books,  to  the  aiitliors  and  proprietors 
of  such  copies  during  the  times  therein  mentioned,"  and  extending  the  benefits  thcrtof  to 
till!  art«ol  designing,  engraving,  and  etching  historical  and  other  prints." 
D.  CAl.DWKLL. 

Clerk  of  the  f.aUern  Dittrict  ofPenmylvama. 


UJi^ 


INDEX  TO  THE  APPENDIX. 
jicknowUdgTnents  and  Proofs  of  Deeds,  Sfc. 

Peje. 

Certificate  of  Acknowledgment  by  one  person,  -  -         6 

"  when  by  virtue  of"  a  Letter  of  Attorney,  -  ib. 

"  by  Husband  and  Wife,     -  -  -  -  -       ib. 

"  when  proved  by  subscribing  witness,  -  -  7 

"  proof  of  a  Deed  executed  by  a  Corporation,        -  -       42 

"  before  what  Officers  Acknowledgments  .and  Proofs  may  be 

"  made,  -  -  -  -  -  -        7  &.  8 

Apportionment  of  Groundrent,  -  -  -  -  -       32 

Assignments  voluntary      ...---  9 

"  Notes  thereon,  and  duties  of  Assignees  under  them,  11 

Conveyancing,  practice  in,        -  -  -  -  -  -       5 

Deeds  of  Trust,  4'C. 

1.  To  the  use  of  Grantor  and  Wife  for  their  several  li\e8,  then  to  the 
use  of  their  son  and  duujrhter  for  tlieir  several  lives;  and  afier- 
wards  the  Estate  to  be  sold,  and  the  proceeds  divided  amongst  the 
grandchildren,  -  -  -  -  -  -  12 

2.  From  Husband  and  Wife,  for  the  w  ife's  Estate,  limiting  the  use  to 
wife  for  life,  remainder  to  the  uses  of  her  Will;  and  in  default  of  a 
Will  to  such  persons  as  at  her  death  m.ay  be  her  heirs — reserving 
powers  of  revocation  and  declaration  of  new  uses,  -  .14 

3.  Of  settlement  of  a  Woman's  Estate,  in  consideration  of  marriage, 
limiting  the  estate  to  the  use  of  the  woman  till  marriage;  tlicn  to 
her  sole  and  separate  use  during  the  coverture;  if  she  survive,  then 
to  her  in  fee;  if  she  do  not  survi\  e,  then  to  the  uses  of  her  Will,  and 
in  default  of  a  will,  tlicn  to  such  person  or  persons  as  would  be  en- 
titled in  case  she  had  survived  her  husband,  and  afterwards  died 
intestate,  ..-..--         17 

4.  Of  settlement  of  a  Woman's  Estate,  in  consideration  of  marriage, 
limiting  the  estate  to  the  »ise  of  the  woman  till  marriage;  then  to 
her  sole  and  separate  use  during  tlie  coverture;  remainder  to  tlie 
uses  of  her  will;  and  for  want  of  a  will  or  appointment;  then  to  her 
children,  &c.  proviso,  that  if  slic  suivive  l.er  husband,  then  trustees 
to  convey  the  estate  to  her  in  fre,  with  powers  to  the  trustees  to 
make  partition  of  undivided  real  estate;  to  sell  and  dispose  of  real 
estate,  and  to  invest  and  re-invest  proceeds  of  personal  property  in 
stocks,  &c.  and  providing- for  the  appointment  of  new  trustees  in  cer- 
tain events,         .......18 

5.  Of  settlement  of  a  Woman's  Estate,  in  consideration  of  marriage, 
(reciting  a  former  husband's  will,)  limiting  the  estate  including  a 
contingent  and  executory  remainder  in  a  moiety,  in  her  vested,  un- 
der the  will,  to  her  use  till  marriage;  then  to  her  sole  and  sep.'i.ate 
use  during  the  coverture;  remainder  to  the  uses  of  her  will,  and  in 
case  of  no  such  appointment,  remainder  to  the  use  of  the  intended 
husband  in  fee;  reserving  powers  of  revocation  and  declaration  of 
new  uses,  Sec.  with  a  special  covenant  on  the  part  of  the  intended 
husband  not  to  oppose  the  execution  of  her  former  husband's  will,    23 

6.  Of  settlement  of  the  Wife's  Estate,  made  after  mai-riage,  upon  a 
separation  of  the  husband  and  w  ife,     ...  -  26 

7.  Deed  of  Release  of  Groundrent,  which  had  been  reserved  to  the 
uses  of  a  marriage  settlement,  made  in  pursuance  of  a  proviso  in  the 

groundrent  deed     This  release  by  Attorney  duly  authorized,  29 

leed  of  Release  of  Groundrent,  adapted  to  the  extinguishment  cr 
to  a  sale  of  the  groundrent,  -  -  -  -  -       31 

5    Deed  of  .Appiortioiimentof  a  large  Groundrent.  issuing  out  of  a  Jaj-gc 
lot  of  ground,  ......  32 

10.   Groundrent  Deed  in  usual  form,  -  -  -  -       36 


INDEX. 

11    Deed,  in  which  part  of  the  purchase  money  to  be  secured  by  « 

mortgage,  is  expressly  charged  upon  the  bargained  property,  39 

12.  Deed  from  a  Corporation,  and  Proof  of  its  Execution,  -  41 

Devises. 
A  particular  Devise  in  a  Will,  which  may  be  a  fee,  or,  by  possibility, 
only  an  estate  for  life,        -  -  -  -  -  -       52 

Devise  to  a  Wife  in  bar  of  Dower,  ....  53 

"  of  a  Moiety  of  an  Estate  to  a  Son  in  fee,  with  a  contingent  and 
executory  remainder,  to  the  wife  in  fee,  charged  with  the 
maintenance  and  education  of  a  son  till  he  attain  the  age 
of  twenty-one,         -  -  -  -  -  -       55 

Doioer. 

Dower,  release  of  by  Husband  and  Wife — the  Husband  having  pre- 
viously conveyed  to  the  purchase:,       -  -  -  -  40 

Groundrent. 

Release  of  Grovmdrent,  which  had  been  reserved  to  the  uses  of  a  mar- 
riage settlement,  made  in  pursuance  of  a  proviso  in  the  groundrent 
deed.    The  Release  by  Attorney  in  fact,  duly  authorized,         -  29 

Release  of  Groundrent  adapted  to  an  Extinguishment  or  to  a  Sale  of 
the  groundrent,      -  -  -  -  -  -  -       31 

Apportionment  of  a  large  Groundrent,  issuing  out  of  a  large  lot  of 
ground,  ....-.-  32 

Groundrent  Deed  in  usual  form,         -  -  -  -  '36 

Mechanic's  Liens. 

Release  of,  ■--"""■  43 

'•        where  the  personal  responsibility  of  the  owner  of  the  house 

is  taken  in  lieu  of  the  Liens,         -  -  '  -       44 

OFFICERS  before  whom  Acknowledgments  and  proofs  of  Deeds,  &c. 

may  be  made,         "  ■         '  '  -  '  '7  &'8 

PRACTICE  in  Conveyancing,  -  "  "  -  -  5 

Releases. 

Release  of  Dower,             -            .             -            -            '  -            40 

"        of  Mechanics' Liens,              ■             -          .  "..  "            -       43 
"        of  Mechanics'  Liens  where  the  personal  liability  of  the  owner 

is  accepted  instead  of  the  Liens,          "            *  -             44 

"        from  the  Lien  of  Judgments,  absolute,           -  -         -        ib. 

"        from  the  Lien  of  a  Judgment,  with  proviso,         -  •             45 

REVOCATIONS  of  old  uses  and  declarations  of  new  ones,  15&25 

SETTLEMENTS  and  Trusts,  (see  Deeds  and  Wills.) 

Wills. 

Will  containing  Trusts  of  Legacies,  and  providing  for  their  increase, 
^for  the  benefit  of  minor  children,  &c.  with  power  to  the  executors  to 
sell  real  estafe,  -  '  -  ■  -  45 

A  particular  Devise,  which  may  be  a  fee,  or,  by  possibility,  only  an 
estate  for  life,  .  -  -  -  -  -  -       52 

A  Devise,  &c.  to  Wife  in  bar  of  Dower,  ■  -  .53 

A  short  Bequest  of  the  interest  of  stock  for  maintenance  of  Wife  and 
children,      -  .  -  "  "  _  -  "  -        ib. 

Proviso  in  a  Will,  to  prevent  lapse  of  a  Devise  or  Bequest,        -  54 

Clause  in  a  Will  providing  for  the  payment  of  debts  due  by  Devisees 
to  Testator,  and  for  the  mutual  pa}  ment  of  debts,  &c.  between  the 
Devisees,  &c.      -------  ib. 

Will  devising  a  moiety  of  an  Estate  to  a  son  in  fee,  with  a  contingent 
and  executory  remainder  to  the  wife  in  fee,  charged  with  the  main- 
tenance and  education  of  son  till  he  attain  the  age  of  twenty-one,      55 


A 

TABLE  OF  THE  CONTENTS 

OF  THE 
CONTAINED  IN 

THE  FIRST  VOLUME. 


Acknowledgment, 

Of  she  riff's  deed  page  9,10 

Of  u  mortgage  10 

Of  husband  and  \vifc                                               "  11 

Of  special  bail  in  the  common  picas  1 1 

Of  recogmzunces  in  the  oyer  and  terminer  to  answer  12 

iu  tlie  qiualer  sessions  to  keep  the  peace   12,  1 3 

to  testify  1 3 

in  the  orphans  court  13,  14 

in  foreign  attachment  *  14 

Of  a  writing  in  English  with  a  copy  in  another  language  (3  forms)  1 5 

Of  recognizances  of  a  sheriff  and  his  sureties  1 6 

Acquittance. 

For  money  received  on  a  purchase  1 7 

Cienerul  form  18 

I'or  rent  p.id  18 

For  money  received  of  a  third  person  1 8 

for  the  use  of  another  18 

in  part  of  a  bond  1 8 

For  interest  due  01)  a  buyd  19 

For  a  legacy                       *  ^ 


To  an  administt-atbT  |fege    1^ 

Tor  u  pronubsory  note  given  for  abook  debf  19 

J"oi  icU  Older  ui-avvn  upon  u  t.ai u  ppi&ou  20 

For  the  consii.,er,  tion  iiciicy  of  a  couveyancc  20 

tor wiiiinga  left  m  a pei-soii'^  h«nds  2(7 

Where  the  debt  *  damage  exceeds  S  lO'O  29 

To  cUi  account  2 1 

Coninion  form  of  an  oatli  by  kissing  the  book  2 1 

Oatliof  cLwiiiiessona  tiial  22 

of  voir  aire  22 

by  liidng  up  tlie  light  hand  22 

Fomi  of  affirmation  22 

Oatli  of  gi-and  j  ury  23 

of  traverse  jUiy  (2  forms)  23 

of  a  constable  attending  upon  a  jurjr  24 

of  a  witness  to  the  grand  jury  24 

of  attorney  or  practitiontv  at  law  24 

of  clerks  of  markets  •  24 

of  constable  25 

of  overseer  of  the  poor  25 

of  appraisers  of  goods  distrained  forren?  25 

of  deputy-surveyor  26 

pf  notary  public  26 

ofsheulf  ^:  27 

pf  an  inspector  of  t:he  general  election  27 

of  a  judge  of  the  general  election  2S 

Gf  a  clerk  of  the  genenvl  election  ^ 

Agreement., 

for  the  sale  of  a  freehold  estate  S§ 
(Observations)  31  Sec. 
lor  buikUng  a  house,  &c.  ^  38 
To  pull  dow  n  an  old  farm-house  and  build  a  nevr  one  39 
J'ersaleof  an  estate  43,  455  47 
of  household  goods,  &c.  as  they  shall  be  appraised  49 
3For  bearing  equal  charges  in  a  law-.Aiit,  to  be  brought  for  the  reco- 
very of  an  estate  50 
Between  a  tradesman  and  his  factor  5  i 
5For  the  making  of  bricks  53 
For  wheat  sold  5  5 
Between  a  master  and  oyerseer  about  the  management  of  affirm  5J 


Between  an  attorney  and  his  clerk  f  page  58 

Btisvecn  a  house-keeper  unci  liis  lodger  60 

"Wilh  a  clerk  or  workniau  C I 

For  the  sale  of  u  parcel  of  trees  growing,  and  liberty  to  cm  do\v!i 
and  carry  them  away,  Sec.  6  J 

With  u  manager  '        63 

Aiuong  copartnei's,  to  exercise  but  one  trade,  8cc.  64 

Between  broiiicrs,  for  diviuliig  money,  o;c.  68 

For  erectiii;:^  a  house,  Sec.  7 1 

For  tlic  purchase  of  cord-wood,  Sec,  72 

>Vitii  a  mili-u  li-Jit  73 

For  isJio'  £  to  sail  in  a  ship,  See.  74,  75 

Bi  ■  •■  cen  a  master  and  a  journeyman  or  hired  sciwant  76 

For  engui^ing  a  person  to  rebuild  niiils,  at  cert.iin  weekly  wages  78 
For  performing  brickla}er3  ar.u  plasterers    work  in  building  a 

bouse      ■  79 

Articles  of  copartnership  between  two  tradesmen  8 1 

of  marriage  84 

Between  a  master  shipwright  and  his  workmen,  &c.  86 

Be;  ween  persoii-S  to  tit  out  u  vessel  from  one  pon  to  another       88 
To  go,  set  up,  and  build  a  schooner  on  the  weateni  waters  89 

To  c:.ny  p.issen:jers  frop.;  one  port' to  another  92 

To  indemnify  a  person  on  his  delivering  writings,  &c.  93 

For  freight  between  die  master  of  a  sliip  arid  a  luerchant  94 

\ 

appointment. 

Of  a  guardian  by  a  father  for  his  son  95 

Of  executors  in  the  roo!u  f.f  deceased  ones  96 

Of  a  guardian  of  person  and  estate,  with  power  to  let-lands,  Sec.  97 
Of  a  new  trtistce  in  the  place  of  one  deceased,  Avith  a  declaration  of 

trust  98 

Of  a  guardian  by  an  infant  99 

(Observations)  99  Sc  set[. 

Assi^^mnent. 

Of  dower  by  the  heir  100 

Of  part  of  a  cargo  on  board  a  ship  lol 

Of  copy -right  in  books  103 

Of  a  patent  for  tiie  sole  u  ;e  of  an  invention  1Q4 

Ofbond  by  indorsctncnt  (i.  forms)        -^  106,107,108 

Of  a  lease  witli  the  usual  and  necessary  covenant  108 
Oia  bond  and  mortgage  after  judgtueut  Si\d  execution;  ajid  partot* 

the  debt  pidd  '   H3 

Of  uu  apprentice             '  U5;1'6 


■     [vl] 

Of  a  servant  page  11/ 

In  trust, for  creditors  1 17 

Of  an  aiinuity  lor  the  life  of  the  assignee  126 

Assiganient  uiid  reieuse  of  u  share  of  thci*er>idue  of  the  testator's 
persoij  il  cs.v^tc  from  one  executor  to  another  129 

Of  a  pension  until  money  due  upon  a  bond  shall  be  paid  133 

Ofalci'.se  by  i  Klorseuient  13S 

Of  d.  in0i-t,j  <p,e  by  i;ick)rsement  136 

Of  a  bond  ioi-  pi;yi.;ent  oi  i.-ioncy  by  indenture  i  37 

Of  a  judgment  recovered  ijy  verdict  139 

Of  reortgwige  ot  a  le.ise  of  years  14 1 

Of  auv.iMeulure  ofi.pprdticcfihip  142,143 

Of  -1  niortgvgc  for  a  term  oi'years  by  way  of  indorsement,  SvC.   144 
Of  a  bond  in  trust  for  the  uses  of  uiarriL^ge-articieb,  &c.  145 

Of  ..n  iulest-.tc's  pc;  sonai  estate  by  the  acliuijii^-t^'atoi ;  Sec.  147 

Of  .ai  anuuiry  left  by  will  149 

Of  a  share  of  the  residu -uy  part  of  a  personal  estate  1 53 

Of  two  bonils  frcia  aii  executor  to  a  legatee,  and  a  release  from  the 

legatee  156 

O f  iT.onies  due  upon  account  162 

Of  articles  of  agreenientfor  the  sale  of  goods,  by  indorsement  163 
Of  a  debt  with  power  of  attorney  1 6-^ 

Ofabilipenar  16S 

Of  a  bond  ,  16$ 

J'rom  the  assignees  of  a  bankrupt  to  the  banknipt,  &e,  1 7 1 

A  transfer  of  a  mortgage  1 75 

Of  a  bond  as  a  collateral  security  1 79 

Of  a  lease  in  consideration  of  a  discharge  from  ari'ears  of  rent   183 
Of  an  agreement  for  a  lease  186 

Of  leasehold  premises  by  indorsement  from  au  execute;-  to  a  pur- 
chaser 190 
from  a  mortgagee  and  mortgagor  to  a  pur- 
chaser 19't 
Of  the  benefit  of  purchased  articles                                                 203 
Transfer  of  shares  in  a  company                                                     205 
Of  shai-es  of  stock                                                                           306 

Award, 

The  reference  206 

The  election  of  an  umpire  ,                  209 

The  award  209 

By  three  arbitrators  211 

By  indorsement  212 

!Py  an  umpire  213 

U 0011  a  rule  of  reference  made  atthc  trial  of  a  cause  314 


C  vii  3 


Couhty  t'clurn  of  represent  .lives  la  con: 

Stress 

poge 

21? 

of  senators 

218 

General  relurn  of  governor 

2iy 

of  representatives  in  congress 

2  '(J 

of  seiiutor 

231, 

■J  2  2 

of  representatives  in  assembly  . 

' 

223 

of  sheriff" 

224 

of  coroner 

325 

of  (.omniissioner 

225 

of  ciircclor  of  the  poor 

226 

of  auuiiors 

22r 

of  electors 

22$ 

Bargain  and  Sale, 

From  the  surviving  asbignec  of  a  bankrupt  and  the  bwikrvtptto  a 

purch.it:er  23  J 

Of  lands  233 

3iaj-gainand  sale  enrolled  235 

The  same  by  deed  poll  234 

Of  a  frci-'hold  estate  to  two  persons,  in  trust,  Sec,  235 

JBllL 

Single  23? 

Penal  337- 

Judgment  238 

Of  crcciil  238 

Of  exchange  SJSI 

BUI  of  Sale, 

Of  goods  239 

Of  land  210 

Of  goods  and  chattels  241 

Of  a  part  of  a  sliip  245 

Of  goods  distrair.od  for  rent  244 
What  is  necessary  to  be  done  to  constitute  a  good  bill  of  sale     245 

Bond,     (See  Condition. J 

(Obscrvationr,)  ;i46  Sc  seq." 

Common  form  252 

From  t'vo  to  one  2j:J 

From  three  toon^  254 


C  viii  J 

JJ'roni  one  to  tv.-o  ^age  S34 

Prom  three  to  three  2j5 

rrom  several,  male  and  female               ^  255 

For  the  payinent  of  money  by  a  corporation  256 

Bond  with  waiTant  of  attoiney  to  confess  judgmerit  25/ 

Bail  bond  to  sheriff  259 

to  constable  259 

Beplevin  bond  by  plaintiff  260 

by  defendant  261 

Bond  pf  sherifis  263 

of  constables  263 

By  a  trustee  of  an  insolvent  debtor  264 

Administration  bond  265 

Refunding  bond  266. 

Codicil,     f  Seepages  267,  268.) 

Cojnposition, 

* 

With  creditors  56<? 
A  -leed  of  Composition  of  debts                                           271,  272 

Condition.     (See  Bond.) 

To  p?.}*  motley  at  different  times                           _  276 

Tor  payment  of  money,  vrith  interest,  at  several  times  277 

To  marry  a  ccrtahi  person,  or  pay  a  sum  of  money  278 

To  execute  a  conveyance  ^8 

To  leave  money  to  aAvifc  279 

To  secure  a  sum  of  money  to  an  intended  Avife  280 

To  suffer  a  wife  to  live  ?part  from  her  husband     _             ^  282 
To  save  harmless  from  paying  rent,  Avhere  title  is  in  question    283 

."For  service  of  an  apprentice  284 

To  suffer  a  wife  to  live  apail,  and  have  all  her  effects,  See,  284 

To  indemnify  against  a  wife's  dower  286 

To  pay  mortgage  money  287 

To  maintain  parents  (2  forms)  288 
A  counter  bond  of  indemnity  to  persons  Avho  had  entered  into  a 

bond,  Sec.  289 

For  payment  of  an  annuity  during  the  life  of  a  feme  covert  290 

To  perform  covenants  29 1 

To  permit  a  wife  to  make  her  will  292 

Of  a  bond  of  indemnity  on  paying  money  to  a  person,  Sec.  292 

For  piiymcnt  of  money  after  a  person's  death  293 
I'o  pay  rent  for  a  shop  let  for  ayear  certain  and  to  indemnify,  8cc.  394 


yMm  an  attorney  to  account  pcigc  2:*:; 

Oi":i  bond    i' indemnity cu  pacing  a  lost  bond  Cj& 

To  .r -in^uocls  dcliv-ered  to  sell,  orthe  money  2'./ 7' 

Fro^.^  .  n  under  ^>herif^■  to  a  high  sheriff  *,  ^7 

Of  a  bondol  indcnuii'y  on  paying;  a  lost  note  :    ) 

From  u  person  impov/crt-ci  to  ijct  in  debts  for  another     •  3  /j 

U'opci'furni  ..;i-.  .;;rd  501,  o02 

Of  u  bond  oi  ..lofiiii.ity  on  signing  a  lease  305 

Th.l  a  person  when  of  age  shall  convey  205 

To  indrniidfy  suicty  in  a  bond  SOft 

To  deliver  up  a  niiil  witli  the  Utensils,  S:c»  30T 

Qf  a  bond  of  i  '>n  sy  fterint^  an  execuior  to  retain  money  308 

For  fiiidin.;-  ,e  in  clothiiS}  kc.  and  for  his  lidciity       310 

To  indt'uihily  u.ai  i.i  Ijtiil  bond  •  311 

For  the  obligor  to  repay  inoney  given  him  for  his  c!erkshia|taE.  3 1 2 
For  reminding  a  legacy  in  c;iscof  deficiency  of  assets         t|f  312 
To  discharge  an  apprentice  Ijofore  the  expii  auon  of  his  appr<;ntj',e- 
ship  214 

To  indemnify  special  bail  3 1 5 

To  deliver  up  a  t,hip  r^nd  to  p?.y  part  of  the  profits,  kc.  S 1 5 

From  a  surviving  partner  to  amaiiioid  his  wife,  the  executrix  of  a 
deceased  partner,  Ecc.  3 1 T 

To  indemnify  a  person  on  discharging  his  apprcutics  SlT 

To  indemnify  biui  in  reco^hizunce  31$ 

That  an  apprentice  ^h'all  account,  Sec.  319 

For  payment  of  cm  ann\uty  auring  life  32^ 

For  tiie  fidelity  of  a  clerk  32 1 

To  indemnify  surety  in  administration  bond  32  S 

To  pay  mqney  for  goods  sold,  and  for  freight  and  insurance  525 
For  payment  of  an  annuity  during  the  joint  lives  of  two  pei-sons  52* 
I'o  pay  money  on  manidgc  or  death  325" 

To  iudcmuify  an  executor  on  payment  of  a  legacy  .  325 

From  iin  intended  husband  to  leave  his  wife  ali  his  estate  325 

For  p^ymientof  an  anauiLy  duiing  ten  years,  S;c.  •  22T 

To  ]iay  mon*'y  quarleily  S28t 

To  indemnify  lessee  on  pajTnent  of  r^nt  329 

To  deliver  a  watcii  or  pay  t!ie  value  tliereof.  Sec.  529 

For  paynjcnt  of  money  deposited  in  apersor.'s  hands  pursuant  to  a 

v.iil  330 

To  pay  money  at  the  end  of  an  apprenticeship  or  marriage  535 
Against  claim  of  dower  SS-t 

To  permit  a  wife  to  live  separate  from  her  husband  35.^ 

I'or  payment  of  money  after  a  person's  death,  Sec.  53'5 

To  pay  yearly  to  two  persons  during  their  lives*  33(i 

F©r  bond  nuskid  or  lost  53^ 


Trom  a  tViaster,  that  in  consideration  of  money  paid  him,  he  shnU 

take  an  apprentice)  Sec.  page  337 

Tor  payment  of  money  by  a  person  for  the  use  of  his  intended 

wile,  Sec.'  338 

To  serve  in  considaraticn  of  the  payment  of  a  debt  340 

To  indemijify  sheriiTon  attachment  or  I  ieri  Facias  34 1 

That  the  heirs,  Sec.  of  theintendcd  iiusband  shall  pay  the  intendedt 
Avifc,  ^.c.  341 

To  indemnify  the  township  ag;ainst  a  bastard  child  342 

To  pay  a  woman  for  the  support  of  an  iiiegitimate  child  343 

To  indemnify  one  executor  against  the  application  cf  moiues  by  the 

other  344 

Trom  a  grantor  who  had  in  the  deed  described  himself  to  be  an 

heir  at  law,  ^c.  346 

Toperfoinii  an  order  of  court  for  the  support  of  an  illegitimate 

child  34  8 

J'rom  an  intended  husband  to  the  trvistees  of  his  intended  v,  ifc, 

£cc.  349 

On  a  person's  being  chosen  treasurer  of  a  company  350 

To  pay  a  person  who  shall  help  another  to  a  wife  with  a  good  for-r 

tune  35  1 

por  a  iourncyman's  fidelity    .  3  53 

To  marry  awoman,  or  in  default  thereof  to  pay  a  sum  ofmoncy  353 
To  permit  an  intended  wife  to  enjoy  her  own  personal  estatcj&c  353- 
(Conditions  of  sale,  and  observations)  355  Sc  seq* 

■Covenant. 

A  deed  of  covenants  between  a  debtor  and  his  creditors  360 

of  covenant  from  the  original  landlord  of  other  hovises,  to  a 

lessee,  Sec.  365' 

Prom  the  obligees  to  one  of  the  obligors  in  a  bond  for  the  payment 

♦  of  money,  See.  367 

Deed  of  covenant  to  hold  parts  of  a  ship  to  be  built,  he.  ^  3fig 

That  several  merchants  snail  be  equally  concerned  in  a  cargo  369 

Deed  of  covenant  to  produce  deeds  370 

For  tonnage  371 

The  beginning  of  a  covenant  of  one  person  to  one  person  372 

introductory  part  of  a  joint  covenant  to  one  pe:-son  373 

of  a  joint  and  several  covenant  373 

of  a  several  covenant  373 

of  a  CO veKunt  where  husband  covenants  fqrhimr 

self  and  wife  374 

Warranty  374 

Por  further  assuranco  374) 

'IPor  quiet  cnjoymeat  375 


C  xi  ] 

For  peaceable  onjoymcnt  in  an  assignment  of  a  lease        page  "76 
Ag'iinst  iiuuinbiii!)' i-s  37G,  577 

7'hat  vendor  shall  hu\  e  room  unci  liberty  for  threshing,  Sec.  37S 

That  if  a  good  title  cannot  be  made  before  a  certain  day,  Sec.      57tf 
Not  to  assign  the  premises  without  notice  totlie  lessor  ;i7^ 

1'hat  lessee  shall  not  be  chargeable  for  auv  accident  by  fire*        27'^ 
J"'rom  the  assignee  of  leases  to  ii\dcmnify  the  l«asec  from  rents  an4 
,  covemmts  380,  oiJl 

To  pay  rent  and  perform  covenants  in  a  lease  assigned  382- 

As  to  a  lessor's  insurance  of  premises,  and  that  lessee  may  quit  383 
That  the  tenant  shall  lay  out,  Sec.  in  rcpaii's  38  t 

That  lessee  may  take  down  and  carry  awav.  Sec.  "    385 

deduct  the  charges  of  repairs  out  of  his  rent     585 
shall  not  assign  his  Iccse,  or  let  the  premises  SSft 

if  desirous  may  leave  the  premises  within  tlie  term  387" 
That  the  lease  is  valid,  and  that  the  parties  have  a  right  to  assign  3HT 
'From  two  lessees  to  rep^dr,  and  pci^ceably  to  yield  up  38!> 

To  repair  the  pi-emises,  having  uai  allowance  of  materials  .58^J 

To  piunt  the  out:>ide  of  liie  house  every  third  year,  6cc.  390 

From  lessee  to  ricw-rip  and  tile  the  top  of  the  house,  £cc.  391 

To  permit  lessor  to  take  tiic  bark  and  tops  of  trees,  kc.  391 

That  the  lessor  may  enter  to  view  the  repairs  392,  393 

That  lessee  shall  use  the  hay,  bcc.  39S 

fallow  the  land,  Sec,  394* 

To  lay  down  part  of  the  ground  with  clover.  Sec.  394 

To  permit  lessor  to  enter.  Sec.  and  cultivate,  Sec.  395 

That  lessee  may  dispose  of  hay  and  straw,  Sec.  395 

From  lessor  to  provide  le::>see  materials  to  repair  395 

That  certain  trades  shall  not  be  exercised  upon  the  premises    39f> 
That  lessor  shuU. pay  the  taxes  30T 

Covenants  to  renew  a  lease  3y7 

That  lessee  shall  pay  the  rent  and  all  the  taxas   ■  398 

Not  to  suffer  any  nuisance  39'.» 

.To  insure  the  premises  from  fire  and  to  rebuild,  S:c.  39^ 

To  build  40O 

From  lUJ^ignor  that  neither  he,  Sec,  hath   done  any  act  to  incum- 
ber, Sec.  40'J 
grantor  th;it  he  lias  good  right  to  grant  and  convey         401 
That  grantor  is  seised  in  fee  simple,  Sec.                                       401 
From  assignee  that  he  will,  bee.  get  in  bankrupt's  eflects.  Sec.  40;> 
To  indemnify  comndssioncrs  of  bankrupt             ^                       4U-* 
From  creditors  to  accept  a  composition  and  to  indemnify,  &c.  405 
That  mortgagor  till  default,  may  enjoy                                            406 
From  grantor  to  pay  an  annuity  free  from  taxes                            406 
assignor  that  animity  has  not  been  paid  for  three  years     407 
T.o  vouyey  a  life  estate       '                                               '            f^J 


C  ^"  1 

'from  husband  that  wife  shall  enjoy  her  jewel?,  Sec.  p^^J^e  408 

to  secure  by  -will  to  -wiic  a  suilu.b!c  house,  8cc.    408 

Of  wife  to  accept  the  present  provision  in  satisfaction  of  dower  412 

The  husband  binds  hiiuseif  to  the  performance  of  covenants      412 

Declaration, 

• 

Of  trust  in  respect  to  an  annuity  bond  41;i 

of  purchase  money  *   414 

indorsed  upon  .a  ^ond  •         415 

by  way  of  assigi^ment                       '  416 

from  les.sces,  that  lease  has  been  granted  for  tlie  benefit  4  i  8 

That  a  man's  name  is  used  in  trust  in  a  bond  419 

Of  trust  relatin;^  to  an  assi.c:nmcnt  of  a  louse  419 

by  t)'ustees  and  guardians,  to  an  infant,  &c-  421 

relating  to  a  bond                    "  423 

Deed. 

Common  form  42'» 
(Observations)                                                                           425  8c  seq. 

By  auditors  under  a  domestic  attachment  433 

Dcedj)oU                    ^  433 

Of  heirs  at  law  rclcasincj  a  trust  reposed  in  the  intestate  AoS 

Of  feoffment   .                '  436 

Deed  poll  on  disfranchisin;^  a  member  of  a  company  439 
FroTu  un  administratrix  for  land  sold  by  order  of  orphan's  court  440 

Sheriff's  deed  upon  a  venditioni  exponas  442 

levari  facias  444 

•for  lands  sold  by  his  predecessor  416 

"-uy  an  cxcciitor  on  contract  of  the  testator  449 

For  barring  an  estate-tail  45  I 

Same  by  way  of  conhrmation  452 

By  executors  453 

.By  an  administrator  with  the  will  annexed  455 

for  lands  sold  liy  administrators  by  order  of  orphan's  court  453 

a  guardian  by  order  of-orpiian's  court  461 

By  trustees  of  an  insolvent  debtor                                      .  464 

Of  copartnership  betv/een  apothecaries  466 

Of  dissolution  of  copartnership  4S0. 
Whereby   cue  co])artner  upon  retiring  from  business  grants'  to 

otliers  his  shiire  of  the  copartnership  debts  and  effects  490 

ThefolloKving  ivcre  omitted  tinder  yli'/ARD. 

The  noTnination  of  an  umpire  by  tAVO  arbitrates,  Sec.  215 

District  rfetvu'n  of  itn  e-let:tion  31^ 


CONVEYANCING,  &c. 


Of  Sheriff's  Deed, 
Dauphin  county,  K. 


lE  IT  REMEMBERED  that  this  — d;iy 

of Anno  Domini in  open  court  of  common 

picas,  held  at  Jlarrisbnr^b^  in  and  for  the  covmty  of 
Dauphin^  before  the  judges  of  the  faid  court,  came 
/''.  JV.  cfquire,  flierift" of  the  faid  county,  and  acknow- 
ledged the  above  deed-poll  to  be  his  act  and  deed,  and 
defired  that  the  faid  acknowledgment  of  the  faid  deed 
might  be  entered  of  record  in  the  proceedings  of  the 
faid  court,  and  the  fame  was  thereupon  entered  ac« 
cordingly.  In  tellimony  "whereof  I  have  herecinto  fct 
my  hand,  and  caufed  the  feal  of  the  faid  court  to  be 
affixed,  the  famcdav  and  vear. 

/.  B.  prothonotary 
oi  the  fame  court, 

[  2  ] 


10        ACKNOWLEDGMENT. 

Short  Forms  of  same, 
Dauphin  county,  iT. 

*  ACKNOWLEDGED  in  open  court  of  com  • 


*  ^'^^'■*  mon  pleas  for  the  county  oi Dauphin^  the  — — • 

5ay  of ^  Anno  Domini  ^ ,  and  entered  among 

the  proceedings  of  faid  court.  Certified  under  my  hand 
and  the  feal  of  my  office,  at  Ilarrisburghy  the  day  and 
year  aforefaid. 

Dauphin  county,  ff. 

*  *  *  *  ACKNOWLEDGED  by  F.  JK  efquire,  fhe- 

*  ^^*'l  ^^^  ^f  Dauphin  county,  at  an  adjourned  court 
of  common  pleas,    held  at  Harriskurgh^  for  the  faid 

county,   the  — —  day  of — ,  Anno  Domini . 

Witnefs  my  hand  and  the  feal  of  the  faid  court  the 
fame  day  and  year. 

Of  a  Mortgage. 

Dauphin  county,  ff. 

*  *  *  *  BE  IT  REMEMBERED  that  on  the  '""   -   day  of 

*  »^*^  * A.  D. before  me  the  fubfcriber, 

one  of  the  juftices*-  of  the  peace  in  and  for  the  county 
of  Dauphin^  came  the  within  named  A.  B.  and  ac- 
knowledged the  within  written  indenture  of  mortgage, 
to  be  his  a6l  and  deed,  to  the  end  that  the  fame  might 
be  recorded  |  as  fuch  according  to  law.  In  teflimony 
whereof  I  have  hereunto  fet  my  hand  and  feal  the  day 
and  year  aforefaid.  y  p 

*  By  an  act  passed  February  7,  180.S,  (vol.  v.  305.)  the  aldem-^en 
of  the  city  of  Philadelphia  are  inade  competent  to  take  and  receive 
the  acknowledgment  or  proof  of  all  instruments  of  writing  touch- 
ing lands,  tenements  or  hereditaments,  situate  within  the  city  ; 
and  also  the  separate  examination  of  any  feme  covert  respecting 
such  lands,  Sec. 

t  No  deed  can  be  recorded  in  Pennsylvania,  until  it  has  been 
acknowledged,  or  (in  case  the  grantor  be  dead,  or  cannot  appearj 
proved  by  the  witnesses  ou  oath  or  affirmation. 


A  C  K  N  O  W  L  E  D  GM  E  N  T.  11 

Of  Husband  and  Wife, 

Dauphin  county,  fT. 

*  *  *  *  ON  the day   of ,  A.  D. -,   be- 

*  r^J^  *  ^^'^^^  "^^  *^"^  ^'^  ^^^  j'^^g^s  §  of  the  court  of 
common  pleas  of  the  county  of  Dauphin^  came  the 
above  named  A.  B.  and  C.  his  wife,  and  fcverally  ac- 
knowledi^ed  the  within  written  indenture  as  and  for 
their  ac\  and  deed,  and  dellred  that  the  fame  might  be 
recorded  as  fiieh  according  to  law  :  She  the  faid  C. 
beincj  of  full  age  feparate  and  apart  from  her  faid  hus- 
band by  me  examined,  and  the  full  contents  thereof 
made  known  to  her,  voluntarily  confenting  thereto. 
In  tellimony  w  hereof  I  have  hereunto  fet  my  hand  and 
feal  the  day  and  year  aforefaid.  J.  P. 

K7"  Where  lands,  tenements  or  hereditaments  are 
fold  by  virtue  of  writs  of  testatum,  the  Iherift'  may  ac- 
knowledge the  deed  in  the  court  of  common  pleas  of 
Jhe  county  wherein  the  fale  is  made»   Read^s  Dig,  69. 

And  where  lands  have  been  fold  by  his  predeceflbr 
in  office,  the  fhcrift'  may  acknowledge  the  deed  in  the. 
county  where  the  lands  lie.     Ibid.  73. 

Of  Special  Bail   in  the  Common  Pleas. 

*^'  In  this  a8;ioti  wherein  A.  B,  is  plaintiff  and  CD, 
defendant— --&\  F.  you  acknowledge  yourfelf  to  be  in.^ 

debted  to  the  plaintiff  in  the  fum  of dollars,  to  be 

levied  of  your  goods  and  chattels,  lands  and  tene- 
ments, upon  condition  that  if  the  defendant  be  call  he 
(liall  pay  the  condemnation-money  and  colls,  or  fur- 

§  \Vherc  the  lands  lie  in  a  different  county.    Such  acknowlcdg' 
ments  may  also  i,e  made  before  any  of  the  judf^cs  of  the  supremo, 
court,  or  presidents  of  the  common  plcus.    Read' n  Dig.  69. 


19  A  C  K  !^  O  W  L  E  D  G  M  E  N  T. 

render  himfelf  a  prifoner  to  the  gaol  of county, 

othervvife  you  undertake  to  do  it  for  him.      Are  you 
content  ?" 

icr  This  mull  be  taken  by  the  prothonotary,  or  one 
of  the  judges, 

OfRecogniza?Jces  in  the  Oyer  and  Terminer  to  answer, 

'■'■A.  B.  and  C.  D.  you  and  each  of  you  acknovv. 
ledge  to  owe  the  cojiimonvveahn  of  Pennfylvanm,  the 
fum  of — -"  doiiara,  to  be  levied  of  your  goods  and 
chattels,  lands  and  venemcnts  rcfpeftively,  upon  con- 
dition that  if  the  laid  A.  B,.  ihal)  perfonaliy  be  and  ap- 
pear at  the  next  ccurt  of  oyer  and  terminer,  to  beheid 
at  Reading  for  the  county  o^  Berks,  then  and  there  to. 
anf^ver  to  all  fuch  matters  and  things  as  fiiail  be  object- 
ed againft  him  on  the  part  of  the  commonwealth,  and 
iliall  not  depart  the  find  court  without  leave,  then  thefe 
recognizances  to  I'C  void,  otherwife  to  be  and  reraaia 
in  full  force  and  virtue.     Are  you  content  T' 


Of  Recognizances  in  the  ^larter  Sessions  to  keep  ths' 

Peace. 

"- J.  JB.  and  CD.  you  and  each  of  you  acknow- 
ledge to  owe  the  commonwealth  of  Pennfylvania  the 
jfum  of  — —  dollars,  to  be  levied  of  your  goods  and 
chattels,  lands  and  tenements  refpectively,  upon  con- 
dition that  if  the  faid  J.  B.  fhall  peribnaily  be  and  ap- 
pear at  the  next  court  of  quarter  feffions  of  the  peace, 
to  be  held  at  Ilarrisburgh,  in  and  for  the  county  of 
Dauphin,  then  and  there  to  anfwer  to  all  fuch  matters 
and  things  as  (hall  be  objected  againil  him  on  behalf 
of  the  commonwealth,  and  fliall  not  depart  the  faid 
court  without  licence,  and  inth*  mean  time  fiaall  keep 


ACKNOWLEDGMENT.  13 

the  peace  and  be  of  .s;ood  behavior  to  all  the  citizens 
ol"  tl:ie  commonwealth,  and  eipecinlly  toward  E.  F. 
then  thele  rccognizunces  to  be  void,  othcrwiic  valid. 
Are  )0U  content 


H 


>>> 


Another. 

''  ./.  B.  and   C.I),  you  and  each  of  yoii  acknow- 
ledge to  owe   the  commonu'ealth  of  Pennfylyania  the 

fum  of dollars,    to   be  levied  of  your  gG;.ids  and 

chattels,  lands  and  tenc]nents  rcrpectively,  ii;..on  con- 
dition that  if  the  faid  A.  B.  lliall  keep  the  jx  ce  and 
be  of  |»'Ood  behavior  to  all  the  citizens  of  the  conimon- 
weahh,  and  in  particular  to  E.  V.  for  the  fpace  of 
twelve  calendar  months,  then  thefe  recoi^nizaincci*  to 
be  void,  otherwiie  valid.     Arc  vou  content  ?'* 


Of  a  Recognizance  in  the  ^larfc?-  Sessions  to  tcstijy. 

A.  Jj.  you  acknowledt^e  yourielf  to  be  indebted  to- 

the  comuKinwealth  in  the  fum  of dollars,  to  l^e- 

levied  of  your  goods  and  chattels,  lands  and  tene- 
ments, upon  this  condition,  that  if  y(xi  fliall  perional- 
ly  be  and  appear  at  the  ne:.Lt  court  of  quarter  felV'.  ■ 

of  the  peace,  to  be   held   at/, ,  i'v>r   the   coin 

L ,  then  andiheie  to  i^'ivt  evidence  on   beha.!    •. 

the  commonwealth,  and  Ihall  not  depart  the  cc-w: 
without  leave,  thtMi  this  recop^nizance  to  be  vol'', 
otherwife  valid.     Are  you  content  ?" 


Of  Recognizances  in  the  Orphans''  Court. 

*'  A.  B.  and  C.  D.  you  and  er.ch  of  you  acknow- 
M^Q  to  owe/.  /.  //.  tff|.  prelident  of  the  Orphans* 
»;Qurtof  the  i:.Q)\:iniy  i^i Dauphin^  and  his  lucceiVors  in 


U  A  C  K  N  O  W  L  ED  G  M  £  N  T. 

office,  the   fiim  of dollars,  [double  the  amount  of 

the  val'datiov,']  to  be  levied  of  your  refpeclive  goods 
and  chattels,  lands  and  tenements,  upon  this  condition, 
that  if  the  faid  A.  B.  fliall  and  do, within  twelve  months 
from  this  time,  pny  or  caufe  to  be  pai'd  imto  the  wi- 
dow and  other  children  of /^.  B.  deccafed,  their  feve- 
ral  and  refpective  Ihares  of  and  in  the  valuation  of  the 
real  ellatc  of  the  faid  deceafed,  then  thefe  recognizan- 
ces to  be   void,  otherwife  valid.     Are  you  content  V 


Another. 

"  A.  B.  and  C.  D.  you  and  each  of  you  acknow- 
ledge to  owe  y.  J.  //  efq.  prefidcnt  of  the  Orphans' 
court  of  the  county  oi  Dauphin^  and  his  fucceflbrs  in 

office,   the  fum  of dollars,  \douhle  the  amount  of 

the  'vahiatiofi']  to  be  levied  of  your  refpe^live  goods 
and  clrattels,  lands  and  tenements,  upon  this  condition, 
thatif  the  faidcf-  ^-  Tnali  and  do, within  tv.elve  months 
from  this  time  pay  or  caufe  to  be  paid  unto  the  other 
children  of  i?.  B.  deccafed,  their  feveral  and  refpeftive 
fliares  of  and  in  the  valuation  of  that  part  of  the  real 
eftate  of  the  faid  deceafed,  adjudged  and  confirmed  to^' 
the  fliid  A.  B.  then  thefe  recognizances  to  be  void, 
otherwife  valid.      Are  you  content. 

3.1^7'  Thefi.'  acknowledgments  mufl  be  taken  by  the 
clerk,  in  open  court. 

Of  Recognizances  in  Foreign  Attachment. 

"  In  this  action  of  foreign  attachment,  wherein  A 
B.  is  plaintili;  and  C.  D.  defendant,  E.  F.  and  G.  H. 
you  and  each  of  you  acknowledge  to  owe  the  faid  C. 

j3.  the  fum  of dollars,  to  be  levied  of  your  re- 

fpeftive  goods  and  chattels,  lands  and  tenements,  up- 
on condition  that  if  the  faid  C.  D.  ihall,  v.'ithin  a  year 


A  C  KN  O  W  L  E  D  G  M  E  N  T.  15 

and  a  day  next  following,  by  himfclf  or  attorney, 
come  into  court  and  diiprove  or  avoid  the  debt  reco- 
vered by  the  faid  .7.  Ji.  again  ft  him,  or  ihali  difcharge 
the  lame,  with  cofts,  that  then  the  laid  A.  B.  lluill  rc- 
flore  to  the  laid  C.  D,  the  goods  or  eft'ects  or  value 
thereof,  by  the  faid  .7,  B.  attached  and  condemned,  or 
io  much  thereof  as  Ihall  be  difproved  or  difcharged, 
or  elfe  you  and  each  of  you  undertake  to  do  it  for  him. 
Arc  you  content :" 

Of  a  fFrithig  in  English  witb  a  copy  in  another  Lan- 
guage. 

County,  ^ 

flate  of  Penniyivania,  ss.  ^ 

This day  of ,  A.  D.  — • — ,  before  mc  the 

fubferiber,  prodionotary  of  the  court  of  common  pleas 

ofthefaid   count)'   of ,   perfonaliy    appeared  the 

above  named  A.  B.  who  in  my  preienee  did  acknow- 
ledge the  foregoing  inllrument  of  writing,  whereof  the 
following  [_or  ajuicxed]  purports  to  be  a  true  tranfla- 
tlon,  to  be  his  voluntary  atl  and  deed,  and  bv  him  de- 
livered to  the  therein  named  C.  D.  for  the  puqDofcs 
therein  mentioned,  the  name  and  feal  thereunto  fub- 
fcribcd  and  affixed,  being  the  proper  hand  and  feal  of 
him  the  faid  A.  B. 

»  «  «  ,  In  teftimony  whereof  1  have  hereunto  fet  my 
*Skai..#       hand,  and  affixed  the  feal  of  the  faid  court 

at ,  the  dav  and  vcar  albrcfaid. 

E.F,   Proth'y, 


« 


Another  form. 


Countv, 


Hate  of  Pennfylvania,  sz,  5 

This day  of ,  A.  D. ,  before  me  the 

fubferiber,  prothonotary  of  the  court  of  commcn  pleas 


36  A  C  K  N  O  W  L  E  i)  G  M  E  N  T. 

oj'the  faid  county  of — -— ,  perfonally  appeared  the 
above  named  A.  B.  who  in  my  prefence  did  fign,  feal 
and  deliver  the  foregoing  inftriiments  of  writing,  both 
jn  the  German  and  KngUlli  langnages,  feach  ptirport- 
iug  to  hi  a  true  traiiQitioa  of  the  other.)  to  the  with- 
in named  G.  D.  as  the  voluntary  a6\  and  deed  of  him 
the  laid  A.  B.  for  the  purpofcs  therein  mentioned'; 
the  name  and  feal  thereunto  fubfcribed  and  affixed,  be- 
ing the  proper  hand  and  feal  of  him  the  faid  A.  B^. 

»  *  »  »  Intedimony  whereof  I  have  hereunto  fet  my 
»Si:.vL  *       hand,  and  affixed  the  feal  of  the  faid  court 

*  *  *  *       at ,  the  day  and  year  aforefaid. 

E.  F.  ProtJfy. 


<jf  Recognlzarices  of  a  Sheriff  and  bis  Sureties c 

'■'  You  A.  B.  C.  D.  and  E.  F.  do  acknowledge  that 
vou    owe    luito  the    commonwealth   of  FeFinfylvania 

ff.  dollars,  to  be  levied  and  made  of  your  feveral 

goods  and  chattels,  lands  and  tenements,  upon  condi- 
tion that  if  you  A.  B.  Ihall  and  do,  without  delay, 
and  according  to  law,  well  and  truly  ferve  and  exe- 
cute all  writs  and  procefs  of  the  commonwealth  of 
Pennfylvania,  to  you  directed,  and  fhall  and  do  from 
time  to  time,  upon  requeft  to  you  for  that  purpofe 
made,  well  and  truly  pay,  or  caufe  to  be  paid,  to  the 
i'everal  fuitors  and  parties  interefled^  in  the  execu- 
tion of  fuch  writs  or  procefs,  their  lawful  attornies, 
factors,  agents  or  affigns,  all  and  every  fum  and  fums 
of  monev  to  them  refpectively  belonging.  ^\hich  fliall 
come  to  "your  hands  ;  and  fhall  and  do  from  time  to 
time,  and  at  all  times  during  your  continuance  in  the 
office  of  llieriff  of  the  county  of  ^ ,  well  and  faith- 

*  For  the  sum  rcqnired  of  the  sheriffs  of  the  different  counties, 
see  vol.  v.  of -acts,  497. 


ACQUITTANCE,  IV 

fully  execute  and  perform  all  and  fingular  the  triifts 
and  duties  to  the  laid  otlicc  lauTully  api^ertaining,  thea 
this  reeogiiizanee  to  be  void,  or  eil'e  to  be  and  re- 
main in  full  force  and  viitiie."  'I'uiveii  and  acknow- 
ledged the day  of in  the  year  of  our   Lord 

one  thoufand  cii^ht  imndred  and ,  before  me  G.  II, 

recorder  in  and  for  ihe  county  of . 

ICT*  The  coroner  of  every  bounty,  before  he  fiiall 
execute  any  ofihe  duties  pfhis  uflice,  fhail  enter  in- 
to a  limilar  reco^i^aizance,  in  one  fourth  of  the  fum  re- 
quircG  of  the  ihenif  of  the  fame  count}  ,  "  that  he  will 
well  and  tiuiy  perform  all  and  lingular  the  duties  to  the 
faid  omce  of  coroner  appertaining^."  bee  the  form  of 
a  bond,  alio  required  of  Ihcriilsand  coroners,  under 
.tide  "Bond." 


:^rqiuttance. 

For  Money  received  on  a  Purchase^ 

KNOW  ALL  MKN  by  thefe  prcfents,  xh^ilJohn 
Roc\  of,  8cc.  do  hereby  acknowledge  rnyfclf,  upon  the 
day  of  the  date  hereof,  to  have  received  oi  J.ndre'vo  Ai- 
/^// of,  i^'c.  the  fum  of of  lawful  money,  SiV.  be- 
ing the  lall  payment  and  in  full  of by  him  paid, 

asthe  confidcration  of  the  purchafeofa  cena'n  plan- 
tation and  tra6\  of  land,  lituate,  ^c.  by  me  the  faid 
John  Roe  fold  and  con\e}cd  to  the  faid  dndreiv  Allen, 

And  of  the  faid  w  hole  fum  of and  of  every  part 

and  parcel  thereof,  I  the  faid  John  Roe  do  by  thefe 
prefents,  for  me,  my  heirs,  executors,  and  adminillra- 
tors,  ac([uit  and  discharge  the  L\\(\  An(lrc-->X}  .Uleri^  his 
heirs,  executors,  and  admin ilhators,  for  ever.  Ik" 
WITNESS,  8^c., 

.     [3] 


iS  ACQUITTANCE, 

General  Form» 

Ke  c  E I V  E  D  the day,  b' <:.  of  Thorn  as  Cole,  t!ie 

fum  of in  full  for  • j  and  of  all  demands. 

tcr  A  general  receipt  \vill  difcharge  all  debts  ex- 
cept fuch  as  are  on  fpecialt}^  which  can  only  be  dif- 
charged  by  fomething  of  equal  force,  viz.  fome  other 
fpeeialty,  fuch  as  a  general  releafe,  &c. 

JFor  Rent  paicL 

Received  the day,  ^c.  of  Thomas    Cole,  the 

fum  of cafh,  which  with more  paid  by  the 

faid  Thomas  Cole  for  taxes  and  repairs,  making  in  the 

whole ,  is  in  full  of  one  year's  rent  of  the  houfe' 

and   lot    he  now  occupies,  fituate  in  • *-,  due  the 

. laft. 

For  Money  recehed  of  a  third  person. 

Heceived  the day,  ^c.  of  Thomas  Cole,  by  the 

liands  oi. Tames   Porter^    the  fum  of — ■ — ,  in  full  of 
^— =- — ,  bought  by  the  faid  Thomas  Cole  of  me. 


For  Money  receded  for  the  use  of  another » 

Received  the day  of,  i'^e.  of  Thomas  Cole  the 

fum  of- in  full  for  work  done  by  John  Riley  for 

the  faid  Thomas  Cole,     Received  fame  by  the  order, 
and  for  the  ufe  of  the  faid  John  Riley. 


Fcr  Money  recehed  in  part  of  aRo7id. 

Received  the day  of,  &V.  of  Tho?nas  Cole  the 

fum  of — ■ —  in  part  payment  of  a  greater  fum,  due  to 
me  on  bond  by  the  laid  Thomgs  Cole. 


ACQUITTANCE.  i9 

For  Interest  due  on.  Bond. 

Received  the day  of,  ^c.  of  Thomas  Cole,  the 

lum  of in  full  for  one  year's  interest  of due 

to  me  the day  of lad,  on  bond,  by  the  faid 

Thomas  Cole. 

ITT'  Such  payments  on  bond,  ought  alfo  to  be  in> 
dorfcd  thereon. 

For  a  Legacy. 

Received  the  day  of of  Thomas  Cole^ 

executor  of  the  laft  will  and  teftament  oi  Charles  Cobb^ 
deceafed,  the  fum  of in  full  of  a  legacy  bequeath- 
ed to  nie  in  and  by  the  laft  will  and  teilament  of  the 
faid  Charles  Cobb^  deceafed^ 

To  an  Administrotor^ 

Received  the day  of,  'b'c,   of  Thomas    Cole^ 

adminiftrator  of  the  goods  and   chattels,  rights    and 

credits  o^  Richard  White ^   late  of deceafed,  the 

fum  of in  full  of  a  debt  due  to  me  by   the  laid 

Richard  JFhite  in  his  life  time,  for   . 


For  a  promissory  Note giiien  for  a  hook^debt^ 

Received  the  day  of,  'i^c.  of  Thomas  Cole^  a 

promilTory  note,  payable  to   me  or  order  after 

date,  for  due  to  me  for  certain  floods  bought  by 

dic  faid  Thomas  Cole^  uhich,  ^^■hen  paid,  is  in  full  of  all 
d:jmands. 


25  A  F  F  I  D  A  V  I  T. 

For  an  Order  drav.in  upon  a  third  person. 

Received  the day  of,  ^c.  bf  Thomas  Cole,  an 

(Jrder  dr;Avn  in  my  favor  upon  James  Roe,  for  the  fuin 

of upon  light,  which,  when  paid,  is  in  fi:ii  of  all 

demands  1  have  againft  the  faid  Thomas  Cole. 

For  the  consideration  Money  of  a  Coirccyancc. 

Peceived  the  day  and   year  within  written,  of  the 

•^vithin  named /y/^v  D'le.,  the   fum  of ,  being   the 

full  conli deration  money   within  mentioned. 

For  IFri tings  left  in  a  person'* s  Hands. 

Beceived  the day  of,  ^c.  of  Thomas  Cole,  of, 

^c.  four  feveral  deeds  or  conveyances  ;  one  oi  them 
puiportin,^  to  be  a  leafe  of,  ^c,  and  made  between, 
^c.  another  of  thtm  to  be  an  affignment  of  the  faid 
leafe,  and  made  between,  ^c,  ^c.  For  which  feve- 
ral deeds  or  writino;s  I  hereby  engage  to  be  account 
able,  and  to  re-deliver  the  fame  to  the  faid  Thomas 
Cole  on  demand.  Witnefs  my  hand,  the  day  and 
yeaj  aforefaid. 


JFhcre  the  Debt  or  Damage  exceeds  100  dollars^ 

John  Doe^     ^ 

vs.  C   In  the  Common  Pleas  of  York  county, 

Richard  Roe.  } 

York  County,  ss. 

BEFORE  me  A.  B.  efquire,  prothonotary  of   the- 
court  of  common  pleas  in  and  for  the  county  of  Yorhy 


A  F  F  I  D  A  V  1  T.  21 

perfonally  appears  John  Doe^  the  plaintiff  above  nam- 
ed, who  bciiii^  duly  fw  orn  according  to  law,  depolcth 
and  laith,  that  he  doth  truly  believe  that  the  debt  due 
by  Riihard  Roe^  the  defendant  above  nnmed,  to  liim. 
the  laid  Juhn  JDoe^  exceeds  the  fum  of  one  hilndrcd 
dollars.  \_0r^  that  the  dama^^e  sustained  by  him  the 
said  John  Doe  from  Richard  Roe,  the  defendant  in  the 
aboiie  action,  exceeds,  is'c.']  John  Doe. 

Sworn   and   fubfcribed    the 

day  of ,  before  me, 

A.  B. 

KT-  If  a  fuit  is  brought  in  court  without  the  above 
affidavit  being  previoufly  fded,  and  the  plaintiff  reco- 
vers lefs  than  iOO  dollars,  he  Ihall  recover  no  coils. 

To  an  Account. 

-—  Countv,  ss. 

On  the day  of ,  before  me  the  lubfcriber, 

one  of  the  juffices  of  tb,e  peace,  in  and  fur  the  county 
of ,  perfonally  came  J.  B.  of,  ^c.  and  being  du- 
ly svoorn  according  to  law  depofcth  and  faith,  that  the 
above  account  as  dated  is  jull  and  true — that  the 
above  fum  <jf — —is  now  juilly  due  and  owing  to 
this  deponent  by  the  above  named  C.  D.  and  that  he 
the  liud  A.  B.  never  received  the  fame,  nor  anv  part 
thereof,  either  dirctiily  or  indireclly,  nor  anv'  other 
perfon  for  him,  by  his  order,  confent  or  dircdion,  or 
to  his  knowledge,  and  further  faith  not.  A.  B. 

Sworn  and  fubfcril:)ed 
before  me,      /.  R, 

Common  form  of  an   Oath  by  kissing  the  Book. 
^*You  do  fwearthat So  help  you  God." 


22  AFFIDAVIT. 

Of  a  Witness  en  a  Trial. 

"  You  do  fwear  that  the  evidence  which  you  fhall 
give  to  the  court  and  jury  in  this  iiTue  joined,  wherein 
A.  B.  is  phiintiff,  and  C.  D.  defendant,  fhall  fee  the 
truth,  the  whoie  truth,  and  nothing  but  the  truth.  So 
help  you  God." 

OatJj  of  Voir  dire.* 

''  You  do  fwear  that  you  will  true  anfwers  ynake- 
to  all  fuch  qucilions  as  fliall  be  afked  you  by  the  court,, 
touching  the  matter  now  before  them.  So  help  you. 
God."  ^ 

Forju  of  an  Gath  by  lifting  up  the  right  Hand. 

*''  You  do  fwear  by  Almighty  God,  the  fearcher  of 

all  hearts,  that  you    will ,    and   that   as   you 

fhall  anfwer  to  God  at  the  great  day." 

Form  of  Affirmation. 

"  You  dofolemnly,  fmcercly,  and  truly,  declare  and 
affirm,  that ." 

80"  According  to  the  laws  of  Pennfylvania  only 
fuch  '*  as  confcientioufly  refufe  to  take  an  oath,"  can 
be  admitted  to  affirm.     See  Read''s  Digest^  2. 

Oath  of  Grand  Jury. 

*'  You  do  fwear  that  you  will  diligenth'^  inquire,  and 
taie  prefentmeut  make,  as  well  of  all  fuch  matters  and 

*  Where  it  is  prayed,  vipon  a  trial  at  law,  that  a  witness  may  be 
sworn  whether  he  shall  get  or  lose  by  the  matter  in  controversy, 
this  is  called  a  voir  dire  ;  and  if  it  appears  that  the  witness  is 
disinterested,  his  testimony  is  allowed,  otherwise  not.  3  Black,. 
3.12. 


AFFIDAVIT.  2^ 

hings  as  fliall  be  given  you   in  charge,   as   of  thofe 

things  which  you  (hull  know  to  be  prertniable  here 

the  commonwealth's  coimiel,  your  fellows  and  your 
own,  you  Ihali  keep  fecret— you  fliali  prefent  i}oone 
for  envy,  hatred,  malice,  or  ill  will  ;  neither  llial!  you 
leave  any  one  unpreiented  through  fear,  favor,  atfcc- 
tion,  reward,  gain,  or  any  hope  thereof — but  you  iliall 
prefent  all  thn^gs  truly,  as  they  Iliall  come  to  your 
knowledge,  to  ihe  bell  of  your  underilanding.  So 
help  you  God," 

ICr" 'Tis  ufual  to  adminifter  this  oath  to  thc-^jr^- 
man  firft,  faying,  ''  you  do  fwear  tha:t  as  foreman  of 
this  grand  inqiieil,  you  will,  ^c,'''  and  then  to  give  the 
book  to  three  or  four  of  the  jurors,  faying,  '■'■  you  and 
every  of  you  do  fwear,  diat  the  fame  oath  which  your 
foreman  hath  taken  to  obferve  and  keep  on  his  part, 
you  and  every  of  you,  A^ill  well  and  truly  obferve  and 
keep  on  your  parts.     So  help  you  God." 

Oath   of  Tra'Derse  Jury. 

*'  You  and  every  of  you  do  fwear*  that  you  w'iil  well 
and  truly  try  the  ilfue  joined  between  A,  JJ.  plaintiff, 
and  C.  D.  defendant,  and  a  true  verdi6\  give,  accord- 
ing to  tl"ke  evidence,  imlefs  difmiffed  by  the  court,  or 
the  caufe  withdrawn  bv  the  parties.  So  help  you 
God."     See  vol.  VII  Aas,  563. 

Another  Form. 

"  You  do  fwear  that  you  ^^  ill  well  and  truly  try,  and 
true  deliverance  make,   between  the  commonwealth, 

*  A  Jew  must  be  sworn  on  the  Old  Testament,  and-\\ith  his  hat 

't)n.   .2Sti\  821.      A   Mahometan  must  be  sworn  upon  t!.c  Koran. 

2  Scr.  1 104.      The  evidcMue  of  a  Gentoo,  sworn  accorclinij^  tothd 

ceremonies  of  his  own  rcli:;ion,  is  adni>>;i!)lc,  and  the  tcsiimony 

of  all  iiiiidels,  who  ai-c  not  atheists,  is  to  be  receivcc.    1  .Jtfc.  2 1 . 


24  AFFIDAVIT. 

and  the  prifoner  at  t^e  bar,  whom  you  fhall  have  in 
charge,  and  a  true  vcrdicl  give  according  to  your  evi- 
dence :   So  help  you  God." 

Oath  of  a  Constable  attending  upon  a  Jury. 

*'  You  do  fwear  that  you  will  keep  this  jury,  without 
meat,  drink,  fire  or  candle  :  you  will  iuffer  none  to 
fpeak  to  them,  neither  will  you  fpeak  to  them  your- 
feir,  but  only  to  alk  them  w  hether  they  are  agreed  • 
So  help  you  God." 

Oath  of  a  Witness  to  the  Gr  and  Jury , 

*'  You  dofwear  that  the  teilimony  you  fliall  give  to 
the  grand  inqueft  for  the  body  of  the  county  o{  Bucks ^ 
upon  fuch  bills  of  indi6\ment,  whereto  you  Ihall  be  ex- 
amined, fliall  be  the  truth,  the  whole  truth,  and  noth- 
ing but  the  truth.    So  help  you  God»" 

Oath  of  Attorney  or  Practitioner  at  La\v> 

*♦  Thou  flialt  behave  thyfelf  in  the  offioe  of  attorney 
within  the  court,  according  to  the  beft  of  thy  learning 
and  ability,  and  with  all  good  fidelity,  as  well  to  the 
court  as  to  the  client :  Thou  flialt  ufe  no  fiilfehood, 
nor  delay  any  perfon's  caufe  for  lucre  or  malice," 

ICT"  No  attorney  or  practitioner  at  law  fliall  be  ad- 
mitted  to  make  any  plea  at  the  bar,  except  in  his  own 
cafe,  without  taking  the  above  qualification,  by  oath 
or  affirmation.     Read'' s  Dig.  24. 

Oath  of  Clerks    of  Markets. 

"  You  do  fwear  that  you  will  well  and  truly,  to  the 
beft  of  your  ilvill  and  judgment,  do  and  perform  all 
things  enjoined  and  required  of  you,  as  clerk  of  the 
market,  by  the  laws  of  this  Hate.    So  help  you  God.'*_ 


AFFIDAVIT.  2^ 

in.?'  The  clerks  of  the  fcveral  marketswithinthe  ftate 
r>f  PennlVlvania,  before  they  enter  upon  the  execution 
of  their  offices,  Ihali  take  the  above  oath  or  affirmc-tiori 
before  fome  mai^illrate  or  juftice  of  the  city,  borouq^h 
or  county,  wherein  they  Uiall  rcfidc.    Read^s  Dig.  4ij- 

Vatb  of  Constable. 

*'  You  fliall  well  and  truly  execute  the  olEpe  of  a 
conllable  for  the  !o-iviis/j2fj  of  Halifax^  the  enfuiug 
year,  and  until  you  fhall  be  legally  difeharged." 

Oath  of  Oiierseer  of  the  Poor. 

*'  You  do  fwear  that  you  will  difeharge  the  office  of 
overfeer  of  the  poor,  truly,  faithfully  and  impartially, 
to  the  beft  of  vour  knowledge  and  ability.  So  help  you 
God.^^ 

lirT"  Every  overfeer  Hiall  before  he  enters  upon  the 
execution  of  his  office,  take  the  above  oath  or  affirma- 
tion, which  any  alderman  in  the  city  of  Philadelphia, 
or  any  juftice  in  the  county,  is  auihorifed  to  adminiflcr. 
Read's  Dig.  296. 

By  ana6l  of  aflembly  paffed  March  11,  1809,  the 
oveyfeers  of  the  poor  are  in  future  to  be  elected  and 
appointed  by  the  fame  perfons,  at  the  fame  time,  and 
in  the  fame  manner  as  fupervifors  of  the  highways. 
Sec  i)oL  ix.  41. 


Oat/j  of  Appraisers  of  Goods  distrained  for  Renr. 

"  You  M.  J^.  do  fwear  that  you  will  well  and  truly, 
according  to  the  beft  of  your  underftanding,  appraifc 
the  goods  and  chattels  of  D.  M.  diftrained  on  for  rent, 
bv  Z.  f/'.  So  help  vou  Go<l." 

^  ^  r  4.  ] 


S6  AFFIDAVIT. 

lO"  Thrs  oath  the  flieriff,  iinder-flienff  or  conflable,- 
^vho  is  aiding  and  aflilling  in  making  the  diftrefs,  are 
empowered  and  required  to  adminiller.  The  apprajfers 
are  to  receive  for  their  trouble  the  fnm  of  two  Ihillings 
^er  (i'lejn  each.     See  Bead's  Dig.  202, 

Oath  of  Deputy -sur'ueyor. 

"  I'^A.  B.  do  fwear,  [or,  "  do  soJemnJy^  sincerely 
and  truly  dedare  and  afirrfi'' — being  conscientiously 
scrupulous  oft aVing  an  oatb,']  that  1  will  do  and  per- 
form the  duties  of  the  office  of  deputy-furveyor,  with 
'fidelity  and  impartiality  to  all  men," 

|G™  This  oath,  or  affirmation,  fliall  be  talcen  beforfe 
one  of  the  juftices  of  the  fupreme  court,  or  one  of  the. 
jullices  of  the  peace  of  the  proper  county,  and  the  fame 
being  put  into  writing,  figned  by  the  officer  taking  the 
fame,  and  by  the  faid  jufticc,  fliall  be  filed  in  the  office 
of  the  clerk  of  the  peace  of  the  county  wherein  fuch 
officer  fhall  execute  his  faid  office.  Bead^s  Dig.  217. 

It  fliall  be  lawful  for  deputy-furveyors,  or  their  re- 
gularly authorifed  affiftants,  to  adminifter  an  oath  or 
affirmation  to  the  perfons  employed  as  chain-carriers, 
obliging  each  of  them,  to  the  faithful  performance,  of 
the  duty  of  chain- carriers,       Fcl.  v.  ActSy  668, 


Oath  of  Notary  Public. 

"  You  do  Fwear,  that  you  fliall  and  will  well  aiid 
faithfully  perform  the  duties  of  your  office  of  notary 
public,  and  that  you  fliall  and  will  fupport  the  conflitu- 
tion  of  the  commonwealth  of  Pennfylrania  :  So  help 
youGod."^     Bead's  Dig,  210. 


AFFIDAVIT.  27 

Oath  of  Sheriff. 

"*'  I,  A.  B.  do  fwear  [or  affirm']  that  I  will  uic  my* 
iitmoil  endeavors  and  diligence  in  making  an  impartial 
fcleclion  ofperibns  for  jurors,  and  diat  I  will  notfufi'er 
partiality,  favor  or  atle6lion,  hati'ed,  malice  or  ill-will> 
in  any  cafe  or  point  whatever  relating  to  the  feleilion, 
drawing  and  returning  of  jurors,  to  influence  me,  but 
that  I  will,  in  all  ret'pc6ls,  conform  to  the  true  intent, 
and  meaning  of  the  a6ls  of  the  general  aifembly  ia 
fuch  call'  made  and  provided.'* 

JO^  This  oath,  or  affirmation,  is  to  be  taken,  be- 
lidcs  the  ufual  oath  or  affirmation  of  office,  as  required 
by  the  conllitution  and  laws  of  Pennfylvania.*  And  in. 
cafe  of  inability  (occafioned  l)y  death,  reiignation  or 
othcrwife-)  of  any  (licrilf  in  difcharging  the  duties  en- 
joined upon  him  by  this  a6\,  the  coroner  of  the  proper 
county  fhall  perform  fuch  duties  ;  but  before  he  enters 
upon  the  difchargc  thereof,  he  ihall  take  the  oath  or 
affirmation  above  prefcribed.    VII  doL  Acts  186. 

All  executive  and  judicial  officers,  both  of  the  unit- 
ed flates  and  of  the  feveral  dates,  ihall  be  bound  by 
oath  or  affirmation,  to  fupport  the  conllitution  ofther 
united  ilates  ;  but  no  religious  tell  Ihall  ever  be  requir- 
ed as  a  qualification  to  aiiy  office,  or  public  trufl,  un- 
der the  united  dates,     .krt.  vi.  Const.  U.  6\ 

All  officers  executive  and  judicial,  fliall  be  bound 
by  oath   or  affirmation   to  fupport  the    conllitution  or 
this  commonwealth,  and  to  perform  the  duties  of  their 
refpeclive  offices  with  fidelity,    ylri.  viii.  Const.  Penn^ 

Oath  of  an  Inspector  of  the  General  Election. 

"■'  I,  A.  B.  do  fwear,  [cr,  solemnly^  sincerely  and' 
truly  declare  and  affirvi\  U^iat  1  will  duly  attend  at  the 


S8  A  F  F  I  D  A  V  I  T. 

cnfuing  cle6\ion,  during  the  continuance  thereof,  as. 
an  infpe6lor,  and  that  i  will  not  receive  any  ticket  or 
vote  from  any  perfon  or  perfons,  other  than  thole  I  fliall 
firmly  believe  are,  according  to  the  provilions  of  the 
a6l,  entitled  ''•  An  a6l  to  regulate  the  general  ele(5\ions 
within  this  comnionwealth,"  entitled  to  vote  at  the 
faid  ele6lion,  without  requiring  fuch  evidence  of  their 
right  to  vote  as  is  directed  to  be  given  by  the  faid  a6l  ; 
nor  will  I  vexatioufly  delay  or  it^ufe  to  receive  any 
vote  from  any  perfon  1  fliall  believe  is  entitled  to  vote 
as  aforefaid,  but  will  in  all  things  truly,  impartially 
and  faithfully  perform  my  duty  therein,  to  the  bcfl  of 
my  judgment  and  abiiitieSo'" 


Oath  of  a  Judge  of  the  General  Election. 

-'  I,  M.  M.  do  fwear  [^r,  solemnly^  sincerely  and 
truly  declare  and  Gffirm~\  that  I  will  as  one  of  the  jud- 
ges, duly  attend  the  enfumg  elcclion,  during  the  con- 
tinuance thereof,  and  faithfully  affiil  the  other  judges 
and  infpeiStGrs  in  carrying  on  the  fame  ;  that  I  will  not 
give  my  confent  that  any  vote  or  ticket  (liall  be  receiv- 
ed from  anv  perfon  or  perfons,  other  than  thofe  I  fhall 
firmly  believe  are,  according  to  the  provifions  of  the 
a6l,  entitled  "  An  acl;  to  regulate  the  general  eleftions 
within  this  commonwealth,*'  entitled  to  vote  at  the  faid 
eleftion,  without  requiring  fuch  evidence  of  their 
right  to  vote  as  is  dirt^led  to  be  given  by  the  faid 
a6l  ;  and  that  I  will  ufe  my  bed  endeavors  to  prevent 
any  fraud,  deceit  or  abufe,  in  carrying  on  the  fam.e  by 
citizens  qualified  to  vote  or  others  ;  and  that  I  will 
make  a  true  and  perfect  return  of  the  faid  ele6lion, 
and  in  all  things  truly,  impartially  and  faithfully  per- 
form my  duty  refpeciing  the  fame,  to  the  beft  of  my 
judgment  and  abilities," 


A  F  F  I  D  A  V  I  T  29 

Oath  of  a  Clerk  *   oj  the  General  ^lution, 

''  I  A.  B.  do  fvvtar,  [ar,  solenDily^  sincerely  and 
truly  declare  and ajjirni'\  that  I  will  jnjpariiully  and 
iruly  write  down  the  name  of  each  elector,  who'  ihall 
vote  at  the  enluint^  t'le6\ion,  whieh  (liall  be  given  mc 
in  charge,  and  a!fo  the  name  of  the  town,  tovvnihip, 
ward  or  diilridt,  wherein  I'uch  ele<!:tor  rehdes,  and  care- 
fully and  truly  write  down  the  number  of  votes  that 
iliali  l>e  given  for  each  candidate  at  the  election,  as 
often  as  his  name  iluiU  be  read  to  me  by  the  judges 
thereof,  and  in  all  things  truly  and  faithfully  perform, 
my  duty  refpeetins^  the  fame,  to  the  btfl  of  my  judg- 
ment and  abilities." 

tCT^  Any  judge  of  the  court  of  common  pleas,  alder- 
man, or  juliice  of  the  peace,  who  may  be  prefent  at 
the  election,  fliall  adminiller  the  above  oaths  or  aifirni- 
ations  ;  but  if  no  fuch  be  prefent,  or  cannot  be  conve- 
niently had,  one  of  the  judges,  after  firft  having  the 
above  oath  or  affirmation  adminillered  to  him  by  one 
of  the  other  judges,  iliall  adminiiter  the  oaths  and 
iliirmations  to  the  other  judges,  and  to  the  infpeclors 
iind  clerks.  See  Read's  Dig.  102,  ^^c.  Vol.  v.  'Acts, 
tJ69. 

iLj"  Various  other  affidavits  will  be  foimd  under 
title  Process,  where  it  was  thought  advifcable  to  infcrt 
them,  in  order  to  prcferve  a  conntt\ion  m  the  proceed- 
ings. 


•Clerks  must  be  of  the  age  of    twenty  one   yeurs    op  nicrc- 
Rcad'v  Di^'-.  102. 


30  A  G  R  E  £  M  E  N  f 


%sxttmmt. 


For  the  Sale  of  a  Freehold  Estate, 

Memorandum,  That  it  is  agreed  between  Andreii 
Archer^  oS  ihc  one  part;  aiTd  Bcnjainin  Bower^  of  the 
other  part :  That  the  faid  Andreiv  Archer  lliall,  on  or 
before  the^^r^^day  o^  .Xov ember  next,  make  out  a  good 
title  unto,  and  by  good  and  fufficient  conveyances  ivi 
the  law  convey  and  aimre  \uito  the  faid  Bejijcunm 
JfoTjer  and  his  heirs,  free  from  all  encumbrances  what- 
foever,  [except  an  annuity,  or  rent  charge  of  forty 
iliiiiings  a  year,  iffuiiig  out  of  the  premifes  and  paya- 
ble to  the  poor  of  the  borough  of ,  in  the  county 

of and  ftate  of -]  All   thofe  three  freehold 

ineifuages  or  tenements  with   the   appurtenances,   in 

second-street   in  the  faid    borough    of  ,    now  or 

late  let  for  sixty  pounds  a  year,  togedier  w'iih  the  poli- 
cies of  infurance  from  fire  of  the  faid  premifes  ;  and  all 
lockfc,  bolts,  bars,  cocks,  cillerns,  and  other  fixtures  *• 
therein  be!onu;ing  to  the  faid  Andreiv  Archer  :  And 
that  the  f^iid  Benjajn'ni  Bower  (hall  receive  the  rents 
of  the  faid  premifes  from  the  fv^entieth  day  of  August 
laft  :  And  the  faid  ylndrew  Archer  fliall  pay  all  arrears 
of  taxes,  and  the  faid  annuity  to  the  poor,  up  to  that 
time  :  In  confideration  whereof  the  faid  Benjamin 
Bower  dolh  hereby  agree  to  pay  to  the  faid  Andreiv 
Archer  the  fum  of  Jour  thousand  dollars  on  executing 
fuch  conveyances  as  aforefaid  :  And  it  is  hereby  fur- 
ther agi-eed  between  the  faid  parties,  that  the  faid  Ben- 

*  By  almost  general  custom,  whatever  is  stronj^ly  affixed  to  the 
freehold  or  inheritance,  and  cannot  be  severf.d  from  thence  without 
violence  or  damage,  is  become  a  member  of  the  inheritance,  and 
shall  thereupon  pass  to  the  heir  ;  as  chimney-pieces,  pimips,  old 
^xed  or  dormant  tables,  benches,  and  the  like     2  BL  432. 


AGREEMENT.  31 

jamin  Bavcr,  fliall  be  at  the  charge  of  the  clccvls  ibr 
coiTVcying  to  him  th.e  laid  prcniii'es  ;  and  that  all  at- 
telled  copies  of  title  deeds  and  covenants  to  produce 
the  fame,  and  alfo  a  line  and  recovery,  if  neceiVary, 
ihall  be  at -the  charge  of  the  faid  Andreiv  Jrcher.  In 
WITNESS  whereof  the  faid  ATidreiv  Archer  and  Ben- 
jamin Boiver  have  hereunto  fet  their  hands  and  feals., 
the day  of  

%CT'  Where  the  title  deeds  cannot  be  delivered  up, 
fome  provillon  lliould  be  made  as  to  the  expenfe  of  the 
attelted  copies,  and  the  covenants  to  produce  them, 
uhich  will  otherwife  fall  upon  the  vendor ;  and  where 
the  ellate  is  fold  in  many  lots,  and  the  title-deeds  are 
numerous,  nearly  the  whole  purchafe  money  may,  per- 
haps, be  exhaufted.  The  vendor  mull  at  his  own  ex- 
penfe furnilli  the  purcbafer  with  an  abstract  of  his 
muniments,  and  deduce  a  clear  title  to  tire  ellate  :  The 
abilra6l:  ought  to  mention  every  encumbrance  whate  • 
ver  aftecling  the  ellate,  and  Oiould,  therefore,  contain 
an  account  of  every  judgment  by  which  the  eftate  is 
aflfecled  ;  but  equity  conTiders  it  complete  whenever  it 
appears,  that  upon  certain  a(!fts  done,  the  legal  and 
equitable  eftates  will  be  in  the  purchafer  ;  which  mav 
be  long  before  the  title  can  be  completed.  The  llri^ 
rule  feems  to  be,  that  the  vendor  mull  procure  the 
fee,  to  be  veiled  either  in  himfelf,  or  a  trullce  for 
him;  and  that  a  purchafer  is  not  compellable  to  bear 
the  expenfe  of  a  long  conveyance,  on  account  of  the  le- 
gal ellate  having  been  outll^nding  ibr  a  length  of  time, 
or  the  ellate  being  fubjetl;  to  encumbrances,  which 
are  to  be  paid  off.  It  is  not,  however,  ufual  to  infill 
upon  this,  unlefs  the  title  cannot  be  perfe61ed  without 
a  private  acl  of  parliament  ;  in  which  cafe,  the  ex- 
y  penfc  of  obtaining  it  is  always  borne  by  the  venclor, 
r  'Unlefs  there  be  an  exprefs  llipulation  to  the  contrary, 
th-e  expenfe  of  the  conveyance  falls  on  the  purchafer  ; 


32  AGREE  M  E  N  T. 

\v1io,  muRin  that  cafeprenire  and  tender  the  convey* 
ance.  The  expenfe  attending  the  escctit'ion  of  the 
conveyance,  is  however  always  borne  by  the  vendor* 

If  a  p\irchaA.'r  cannot  obtain  the  title-deeds,  he  is,  as 
we  have  alreadv  leen,  entitled  to  attefted  copies  of  them 
at  the  expenfe  of  the  vendor,  unlefs  there  be  an  ex- 
prefs  ftipulation  to  the  contrary  :  and  although  he  may 
not  be  entitled  to  the  poflefiion  of  the  deeds,  yet  he 
has  a  right  to  infpe6l  them,  and  the  vendor  nuifl  pro- 
duce them  for  that  purpofe. 

Eat  apurchafer  is  not  entitled  to  attelled  copies  of 
mllruments  on  record. 

This  was  decided  in  the  cafe  of  Campbell  v.  Camp- 
bell, where  the  mailer,  in  taxing  colls  incurred  by  the 
fale  of  confiderable  eftatcs,  difallowed  the  charg;es  for 
attefted  copies  of  deeds  and  documenis  upon  record  ; 
and  upon  exceptions  to  his  report  on  that  account  com- 
ini^  on,  the  mafrer  of  the  rolls  over-ru^ed  them,  and 
held  that  a  purchafer  was  not  entitled  to  fuch  copies  at. 
the  expenfe  of  the  vendor. 

In  fome  cafes,  however,  a  purchafer  can  obtain  at- 
teiled  copies  even  of  inilruments  on  record.  For  a  pur- 
chafer  is  entitled  to  examine  the  abftra6l  with  the  ori- 
p;inal  title-deeds,  or  with  attefted  copies  of  them  :  and, 
therefore,  if  a  vendor  has  not  the  inftrument  itfelf,  and 
cannot  obtain  it,  he  is  bound  to  procure  an  atteiled 
copy  of  it,  to  enable  the  purchafer  to  afcertain  that  the 
abilra(Sl  is  corre6l ,  and  when  it  is  obtained,  the  pur- 
chafer is  cfcourfe  cntided  to  it  on  the  completion 
of  the  purchafe  ;  unlefs  indeed  the  vendor  retains 
other  eftatcs  hoiden  under  the  fame  title. 

In  a  cafe  before  lord  Rosslyn,  where  there  was  an 
agjeement  that  the  vendor  Ihould  produce  the  original 
tiUe-deedS;  his  lordihip  conftrued  it,  not  only  as  an  en- 


A  a  R  £  E  jM  E  N  T.  33 

*^aj^en\cnt  to  produce  llic  title-deeds,  but  as  a  negative 
ilipulation,  that  lit;  liiould  not  give  atlclled  copies. 

Tills  was  certainly  pre  funiine:;  a  great  deal.  Lord  EI- 
don  has  llnce  thouLi,ht  that  the  prelVure  of  the  itanip 
duties  led  to  that  decifion  ;  and  it  is  probable  that  a  fi- 
milar  cafe  would  now  receive  a  dilFerent  determination. 

Where  a  purchafcr  cannot  claim  the  title-deeds,  it 
is  of  great  importance  to  iiim  to  obtain  attcfted  copies 
of  them.  But  atteiled  copies  arc  not  of  themfelves  fuf- 
ficient  fccurityto  a  purchafcr,  as  they  are  indeed  mere 
walle- paper  again R  ilrangers,  and  cannot  be  ufed  upon 
an  ejectment,  unlefs,  perhaps,  as  between  the  parties 
themfelves-  Therefore,  in  order  to  enable  a  purchafcr 
to  efteclually  manifeft  and  defend  his  title  and  pofles-- 
iioR,  he  is  alfo  entitled,  at  the  expejife  of  the  vendor* 
to  a  covenant  to  produce  the  deeds  themfelves,  at  the 
expenfe  of  the  p'lrchafer  ;  which  (liould  in  moll  caft^s 
be  carried  into  effect  by  a  feparate  deed.  And  where  a 
vendor  retains  the  deed  by  which  the  eftate  he  is  felling 
was  conveyed  to  him  (which  is  moitly  the  cafe  when. 
it  relates  to  other  eftates),  it  feems  advifeable  for  the 
purchafcr  to  require  a  memorandum  of  hiii  purchafc  tc» 
be  endorfed  on  fuch  deed . 

It  ma}'  be  here  remarked,  that  although  a  purchafcr 
of  part  of  an  eflate  has  taken  a  covenant  for  tbc  produc- 
tion of  the  deeds,  yet  if  they  afterwards  come  into  his 
polfeffion  by  accident,  no  perfon  can  recover  them  fron^ 
him  who  has  not  a  better  rijHit  to  them  than  he  has. 

o 

SuppoOng  a  purchafcr  to  be  entitled  to  the  cuftodv 

of  the  deeds  themfelves,  yet  if  any  of  them  be  loft,  and 

the  vendor  can  deliver  over  copies  which  would  be 

admitted  as    evidence  at  law,  the  purchafcr  will  be 

*  compelled  to  take  the  title. 

[   5  ] 


'J4  AGREEMENT. 

It  frequently  happens  that  a  perfon  having  a  covenant 
for  produ6lion  of  the  title-deeds  to  his  ellate,  fells  only 
partoftheeflate,  and  retains  his  purchafe  deeds,  and 
the  covenant  to  produce  the  deeds  ;  and  in  fuch 
cafes  it  is  the  pra6lice  for  the  vendor  to  enter 
into  the  ufual  covenant  for  produc\ion  of  the  ti- 
tle-deeds in  his  pofiefiion,  which  of  courfe  would  in- 
elude  the  original  covenant  to  produce  the  deeds.  But 
it  feems  that  Mr.  Fearnc  thought  that  a  purchafer  v.'as, 
in  cafes  of  this  nature,  entitled  to  require  the  vendor  to 
covenant  for  the  produ6lion  of  the  deeds  to  fuch  an  ex- 
tent as  the  covenant  in  the  vendor's  poifefTion  entitled 
him  to  the  produaion  thereof,  unlefs  he  could  procure 
a  new  covenant  for  that  purpofe,  from  his  grantors  to 
the  new  purchafer  ;  but  that  fuch  covenant  from  the 
vendor  fhould  not  be  enforced,  in  cafe  he  produced  the 
original  covenant  to  produce  the  deeds,  when  it  fliould 
be  required  to  defend  the  purchafer's  title. 

It  is  not  unufual  to  infert  a  provifo  in  a  deed  of  cove- 
nant to  produce  title-deeds,  for  determining  the  cove- 
nant, in  cafe  the  vendor  fell  the  part  of  the  eflate  re- 
tained by  him,  and  procure  the  perfon  to  whom  the 
eilate  is  fold,  and  the  title-deeds  are  delivered,  to  enter 
into  a  fimilar  covenant  with  the  firft  purchafer,  for  pro- 
du6lion  of  the  title-deeds. 

There  are  few  cafes  in  which  judgments  fhould  not 
be  fearched  for  on  the  part  of  the  purchafer ;  and  if 
there  is  any  reaibn  to  fufpect  the  vendor,  it  is  abfolute- 
ly  necelfary  to  fearch  immediately  before  the  convey- 
ance  is  executed,  left  any  judgments  may  have  been 
entered  up  during  the  treaty.  Although  if  any  judg- 
ments arc  entered  up  after  the  purchafe-money,  being 
an  adequate  confideration,  is  actually  paid,  equity 
would  relieve  the  ])urchafer,  againft  the  judgments, 
jiotwithftanding  that  they  were  entered  up  previouily 


AGREEMENT.  3:^ 

to  the  execution  of  the  conveyance  ;  the  vendor  being*^ 
in  equity,  only  a  trullcc  for  the  purchafer,  and  a  judg- 
ment being  merely  a  general  lien,  and  not  a  fpecilic 
lien  on  the  land  :  and  this  equity  prevails,  whether  the 
judginent  creditor  had  or  had  not  notice  of  the  cou- 
tracl. 

It  foems  advifcable  to  aflv  the  vendor, or  his  attorney, 
whether  there  arc  any  encumbrances  which  do  not  ap- 
pear on  the  abftra6l  ;  for  if  he  anfwer  in  the  negative, 
the  fearch  for  judgments  may  be  pollponed  until  im- 
mediately before  the  execution  of  the  conveyance  ^- 
and  if  there  are  an}-  judgments,  and  the  purchafe  can- 
not be  completed  on  that  account,  the  purchafer  can 
recover  all  his  expenfes  from  the  vendor.  But  it  does 
not  feem  perfe6lly  clear,  that  the  purchafer  would  be 
entitled  to  recover  die  expenie  of  the  conveyance,  un- 
lefs  he  had  inquired  after,  or  fearched.  for  encumbran- 
ces before  it  was  prepared. 

It  is  ufual  to  fearch  for  judgments  againil  a  vendor, 
only  from  the  time  he  purchafcd  the  ellate  ;  but  this 
practice  is  not  correal,  as  judgments  bind  after  pur- 
chafed  lands,  and  v.  ill  confequently  affect  fucli  lands 
even  in  the  hands  of  a  purchafer. 

Judgments  do  not,  it  feems,  bind  leafehold  eflatcs 
till  writs  of  execution  are  taken  out  upon  them,  and 
delivered  to  the  fhcriff.  And  yet,  upon  purchafe  of  a 
leafehold  eftate,  judgments  muft  be  fearched  for  ;  be- 
caufe  the  Iheriif  will  not  permit  his  office  to  be  fearch- 
ed, for  any  writ  of  execution  which  may  have  bccu 
delivered  there,  left  the  purpofes  of  the  writ  fliould  be 
defeated,  by  the  party  agalnftwhom  it  is  ilfued  abfcond- 
ing,  or  removing  his  goods.  Therefore,  although  the 
judgment  will  not  of  itfelf  bind  the  leafehold  eftate, 
yet  the  purchafer  cannot  fafcly  complete  his  contriicl, 
)j^herc  he  difcovers  a  jiidgment,  as  he  cannot  ba  ilitiii- 


S6  AGREEMENT. 

iied  that  an  execution  iirued  upon  it,  has  not  been 
lodged  with  the  iherift'.  \V hen  we  conlider  how  many 
vakiable  lealehold  eftatcs  arc  daily  broug^ht  into  the 
market,  we  Ihall  perhaps  think  that  the  legiflature 
woold  do  well  to  ena61:,  that  writs  of  execution  in- 
tended to  bind  leasehold  estates  fnall  be  doggeted  in 
like  manner  as  judgments,  and  that  where  the  eilute 
lies  in  a  regifter  county  they  Ihall  be  regillcred. 

It  may  be  ufeful  to  obferve,  that  if  a  purchafer  is 
damnified  by  his  folicitor  negle(SVmg  to  fearch  for  en- 
cumbrances, it  is  clear,  that  he  may  recover  at  iaw, 
againilthe  folicitor,  for  any  lofs  occahoned  i3y  hisneg., 
iigence.  So  if  the  chief  clerk,  whole  duty  it  is  to  en- 
ter up  and  docket  judgments,  negle6l  to  do  fo,  by 
which  a  purchafer,  who  has  made  the  proper  fearches, 
fuftains  any  lofs,  he  the  purchafer,  has  a  remedy  a- 
gainft  ihe  clerk  by  an  adlion  on  the  cafe.  See  Sitgden's 
Law  ofVendorSy  ^c-  passim. 

As  to  encumbrances,  the  encumbrancer  m\\^  at  his 
charge  acknowledge  fatisfiiction  on  record  or  alTign, 
as  the  cafe  may  require.  If  this  was  not  fo,  a  purcha- 
fer after  having  fixed  his  price  with  the  feller,  miglu 
be  faddled  with  another  year's  pmchafe  or  more,  for 
the  expenfe  of  conveyances  ;  and  the  more  debts  and 
encumbrances  the  feller  had  charged  on  theeftate,  the 
dearer  \^'ould  be  the  eilate  to  the  purchafer, 

Parchafers  expeft  to  find  all  thefe  matters  eafy  and 
clear,  and  if  they  are  not  fb,  it's  incumbent  on  the  fell- 
ers to  inform  them  of  the  truth  of  the  cafe,  and  not  to 
keep  them  in  ignorance.  A  title  to  dower  is  as  much 
an  encumbrance  as  a  grant  of  a  rent-charge  to  a  llran- 
ger  for  life,  (to  the  amount  of  one  third  of  the  value  of 
the  land)  to  commence  on  the  f<iiiler's  death. 


A  G  R  L  E  M  E  N  T.  37 

As  to  tiie  coils  of  fearching  the  recorcis  for  judp-^ 
ments,  ilatutf  s,  &c.  if  nothing-  is  found  but  u  hut  was 
before  difclofed  to  the  purcluder,  then  the  coRs  ouv  iit 
to  l)c  !3orne  by  the  purchafcr,  for  the  vendor  wa^  in  ao 
default. 

'J'he  fees  to  counfel  fliould  be  paid  by  the  purclinfer. 
It  is  the  practice,  and  to  name  his  counfel  lij'.iifelf. 

The  expcnfe  of  makin,^  the  abflracl  belon^'s  a]"o  to 
the  purchafcr  :  He  employs  tlierein  his  own  lolici'or, 
who  takes  fuch  methods  to  lay  a  pi'oper  expolition  of 
the  ftatc  of  the  title  before  the  coiinfel,  :.s  he  fees  U'-yil 
conducive  to  the  inlerefl  of  his  client. 

As  to  the  procurino^  the  tide  deeds  to  be  lor.t,  in  or- 
der to  be  laid  before  coiiniel,  the  expcnfe  of  that, 
if  any^  mull  lie  on  the  vendor,  wliulc  bufmefs  it  is 
to  flievv  the  deeds,  and  produce  every  thing  that  tends 
to  evidence  the  title. 

Conveyances  that  are  acciirateh'  drawn,  generally 
contain  a  s^rant  of  all  deeds,  exidences,  and  writings, 
touching  the  premifes,  and  true  copies  of  all  fuch  other 
deeds,  &:c.  as  concern  the  premifes,  jointly  v.  ith  any 
other  lands  ;  fuchco])ies  to  be  taken  at  the  expenfe  of 
the  purchafer,  his  heirs  and  aiho-ns.  The  precedent 
books  are  all  to  that  cffed^  for  thcfc  laft  100  years,  and 
it  is  the  praclice,  tliough  fometimes  this  falls  very 
heavy  on  the  purchafer. 

A'.  B.  Sometimes  this  dlftin61icn — That,  in  cafe  the 
vendor  choofes  or  is  under  a  neceflity  to  keep  back 
part  of  the  title  deeds,  in  that  cafe,  he  miift  give  copies 
of  fuch  deeds  as  are  neccUary  to  make  out  his  title  at  his 
own  expenfe  ;  but  if  the  purchafcr  takes  part  of  the  ti- 
tle deeds,  and  fhould  afterwards  have  occafion  for  co- 
pies of  any  other  of  the  deeds  from  the  vendor,  thcfe 
copies  muft  be  at  the  purchafer's  expenfe,  Sec  1  7/7/- 
liams"  CoH'veyancing,  oo. 


38  A  G  R  E  E  M  E  N  i . 

For  building  a  House,  tsV.  . 

Be  it  remembered.  That  on  this (lay  of it 

is   agreed  between    James  Meade  of ,  and    Setb 

Doan  of ,  in  manner  and  form  following,  to  wit, 

I'he  faid  Setb  Doan  for  the  confidcrations  herein  after 
mentioned,  doth  for  himfelf,  his  executors  and  admi- 
niftrators,  covenant,  prouiife,  and  agree,  to  and  with 
the  faid  James  Meade^  his  executors,  adminiftrators 
and  alTigns,  that  he  the  faid  Seth  Doan^  or  his  afiigns, 
fhall  and  will  within  the  fpace  of  nine  months  next  af- 
ter the  date  hereoi^  in  good  and  workmanlike  manner, 

and  according  to  the  beft  of  his  art  and  Hull,  at -, 

well  and  fuljftantially  ered,  build,  fet  up,  and  finifi-j, 
one  houfe  or  meffuage  according  to  the  draught  or 
fcheme  hereunto  annexed,  of  the  dimenfions  following. 

And  to  compofe  the  Umie  with  fiich  ftone  or  brick, 
timber,  and  other  materials,  as  the  laid  James  Meade, 
or  his  afligns,  fiiall  lind  and  provide  for  the  fame  :  in 
confideration  whereof  the  {-aiA  James  Meade ^  doth  for 
himfeir,  his  executors,  and  adminiflrators,  covenant 
and  promife  to  and  with  the  faid  Seth  Doan,  his  exe- 
cutors, adminiftrators,  and  affigns,  well  and  truly  to 
pay  or  caufe  to  be  paid,  unto  the  faid  Setb  Doan,  his 

executors,  adminiftrators,   or  aligns,  the  fum  of 

dollars  in  manner  following,  to  wit,  dollars  part 

thereof  at  the  beginning  of  the  faid  work, dollars 

more,  another  part  thereof,  when  the  faid  work  fliall 
be  half  done,  and  the  remaining  — — dollars  in  full 
for  the  faid  work,  when  the  fame  fliall  be  completely 
fmiihed  :  And  a!fo  that  he  the  f.iid  Ja7nes  Meade,  his 
executors,  adminiftrators, or  afligns, fliall  and  will  at  his 
and  their  own  proper  expenfe  find  and  provide  all  the 
ftone,  bricks,  timber,  fhingles,  and  other  materials,  ne- 
celTary  for  making  and  building  the  faid  houfe. 
And  for  the  performance  of  all  and  every  the  articles 
arid  agreements  above   mentioned,   the    faid  James 


AGREEMENT.  39 

^leade  and  Seth  Doan^    do  hereljy  bind  thcmfelves, 
their  executors,  admiiiiilrators,  and  afligns,  each  to  the 

otlicr  in   the  penal  i'uni  oi" ,  firmly  by  theic  pre- 

feutb.  In  vvitnelb,  Ike. 

Tu  pull  clo-ivtL  an  old  Farm  House ^  and  build  a  7100  one. 

Articles  of  agreement  made,  &c,  between  Williani 
Love,  of,  &c.  efquire,  of  the  one  part,  ami  ddam  Fain^ 
of,  &c.  carpenter,  of  the  other  part,  as  followeth,  that 
is  to  fay.  The  {\\\i\Ada77i  Pain^  for  liimfelf,  his  execu- 
tors and  adminillrators,  doth  covenant,  promife  and 
agree  to  and  Avith  the  faid  JVilliam  Love,  his  heirs, 
executors,  adminilbators  and  afligns,  as  foUowctb,  that 
is  to  fay,  that  the  faid  Ada?n  Fain,  his  executors,  ad- 
minillrators or  workmen,  ill  all  and  will  forthwith,  for 
the  conlideration  herein  after  mentioned,  »t  his,  their, 
fome  or  one  of  their  proper  cofls  and  charges,  pull 
down  one  old  farm-houfe  at  Paxton,  in  the  faid  coun- 
ty of  Z)<2z//jy6i/z,  now  in  the  tenure  of  David  Humes, 
yeoman,  tenant  to  the  faid  William  Love^  j\nd  alfo, 
that  he  the  faid  Adam  Pain,  his  executors  or  admini- 
flrators,  Iball  and  will,  at  his  or  their  own  charges, 
well  and  eHecUially  erecl,  build,  complete  and  fmilh, 
fon  or  near  the  ground  where  the  old  farm-houfe  now 
Hands  or  lately  lloodX  one  good  and  fubflantial  new 
farm-houfe,  according  to  a  plan  or  draught  hereunto 
annexed^  and  with  fuch  materials,  thicknefs  of  walls 
and  fcantlings  of  timl)er,  and  with  iiich  window  s,  pave- 
ments, and  conveniences,  and  in  fuch  manner  and  form 
as  is  herein  after  Ibpulated  and  exprelfed,  that  is  to 
fay,  the  firfl;  llory  to  be  nine  feet  high  in  the  clear,  the 
fecond  llory  to  be  nine  feet  high  in  tlie  clear,  the  gar- 
rets to  be  fix  feet  fix  inches  high  in  the  clear  ;  the 
foundation  of  the  houfc  to  be  one  foot  lix  inches  deep 
below  the  fdl  of  the  front  door,  the  laid  foundation  to  be 
two  bricks  thick  to  the  top  of  the  parlor  floor  ;  the 


40  A  G  R  £  £  M  E  N  f- 

foundation  next  to  the  vvafh-houfe  and  cellar  to  be  tWQ. 
feet  deeper,  by  reai'oa  of  liiiking  the  faid  cellar  lower 
tlian  the  hoiiie  :  the  vvallb  of  the  houfe  to  be  one  brick 
and  hall  thick  from  the  groinid  to  the  plate  of  the  roof, 
or  top  of  the  i^arret  iloor,  the  gable  end'j  on  each  tide 
of  the  chiniaey  to  be  one  brick  thick  in  the  garret  floor; 
the  roof  to  be  covered  with  good  pine  lliingles,  laid 
on  heart-laths  of  oak  ;  the  kitchen  and  pailage  to  be 
paved  with  good  iiaid  weii  burnt  ilock  bricks  ;  the  par-^ 
lor  to  be  boarded  with  }eLiovv'  pnie  free  from  fap,  and 
laid  on  good  iound  grouiid  joiils  of  oak  ;  to  wainfcot 
the  parlor  with  fquare  pine  plank  wainfcot,  with  Ihut- 
ters  to  the  winclou.s  in  the  faid  parlor  and  kitchen  ;  to 
make  a  good  liibftantial  partition  between  the  paifage 
and  kitchea  of  pine  plank,  with  a  framed  door  to  the 
faid  partition  ;  lo  line  the  jambs  of  the  kitchen  chimney 
with  whole  pine,  with  a  Ihelf,  and  a  pair  of  fp it  racks 
over  the  foid  chimney  :  to  put  up  a  dreifer  with  three 
Ihelves  in  the  faid  kitchen  ;  to  make  the  outlide  door-^ 
cafes  of  oak  fcantling  feven  inches  by  five  inches,  with 
Urong  pine  doors,  glewed,  legged,  and  battened  ;  to  put 
on  a  good  lock  and  key  and  two  iron  bolts  to  each  out- 
fide  door  ;  all  the  window  frames  to  be  made  with  oak 
fills,  the  reil  of  the  faid  frames  of  yellow  ])ine  free  from 
fap,  the  fcandings  four  inches  by  three  inches  ;  all  the 
girders  of  the  faid  building  to  be  twelve  inches  by  nine 
inches:  all  the  joifts  to  be  feven  inches  by  thr-ee  inches; 
the  rafters  pf  the  roof  to  be  five  inches  by  three  inches  ; 
all  the  faid  joifts  and  rafters  to  be  laid  not  to  exceed 
thirteen  inches  afunder  ;  to  lay  all  the  floors  in  the 
chambers  and  garrets  with  yellow  pine  free  from  fap  ; 
to  make  all  the  Heps  of  the  flairs  of  whole  pir.e  free 
from  fap  ;  to  enclofc  all  the  chambers  with  good  fub- 
ftantial  partitions  of  yellow  pine,  with  framed  doors 
in  the  faid  partitions  with  one  i-on  latch  to  each  inhde 
door  of  the  houfe  :  to  put  a  good  pine  ikirting  round 
the  rooms  of  eight  inches  w  ide  to  prevent  the  \valls  from 


AGREEMENT.  41 

break i n j^  ;  to  line  the  jambs  of  the  chimnies  with  pine 
plank,  with  a  UrU' u\er  each  chimney;  to  lath  and 
])laiiler  all  the  cieiing  and  garrets,  and  render  all  the 
brick  walls  and  vvhiteii  the  lame  ,  to  put  in  twelve  good 
fafiies  of  pine  or  well  lealbiied  ^\■amut,  with  neat  pine 
eatings;  each  window  to  contain  twenty -four  lights, 
of  eight  by  ten  inches  each  ;  to  put  good  clear  glals 
in  the  fai(l  iaihes,  well  fecurcd  with  putty;  to  put  a 
handfome  {)inc  cornjili  nndcr  the  front  eaves  of 
the  houfe  ;  to  do  all  the  outlide  painting  three  times 
in  oil,  and  to  do  all  the  inlide  painting,  as  wainfcot  and 
partitions  and  chimney-pieces.  &.C.  once  in  iize  and 
twice  in  oil;  to  build  a  cellar  and  pantry  and  brew^- 
I)oufe,  as  the  faid  plan  or  draught  hereunto  aimexed 
directs,  with  three  rooms  over  the  lame  ;  the  pave- 
ment of  the  brew-houfe  and  cellar  to  lie  two  feet  fix 
inches  below-  the  floor  of  the  houfe  ;  the  foundation  of 
brick-work  to  be  carried  up  three  feet  high,  and  one 
brick  and  a  half  thick  ;  the  upper  part  of  timber,  and 
pancd  with  brick,  the  timber  for  the  faid  brick  paning 
not  to  exceed  two  feet  afunder  from  each  other,  a  fun- 
nel of  brick  work  to  be  carried  up,  in  order  to  hani;  a 
copper  under  ;  to  make  three  rooms  over  the  faid  cel- 
lar and  brew-houfe  and  pantry,  and  board  the  faid 
three  rooms  w  ith  old  boards,  if  there  ihall  be  enough 
that  are  good  and  found  ;  if  not,  then  to  make  good 
what  fliall  be  wanting  with  new  boards  ;  to  plailler  all 
the  cielings  and  walls  of  the  faid  rooms,  and  to  put  up 
one  whole  pine  dreficr  and  fix  w^hole  \m\ii  Inelves  in 
the  pantry  ;  to  make  the  roof  of  the  laid  three  rooms  of 
the  fame  fcantlings  as  the  roof  of  the  dwtHing-hoiife, 
and  to  cover  the  fame  as  the  faid  houfe  is  to  be  cover- 
ed ;  to  do  all  carpenters,  bricklayers,  plumbers,  gla- 
ziers, plaiRerers,  fmidis,  and  painters  work,  in  good, 
fubllantial,  and  workman-like  manner,  according  to 
the  plan  or  draught  hereunto  annexed  ,  and  alfo,that  he 
the  hid, d da ??j  Pii in,  his  executors  or  udminiihAtors, 
^  ^'  C   1 


m  AGREEMENT. 

•fhall  and  will  well  and  effectually  build,  complete  ant! 
iinifh  the  ftiid  iarm-houfe,  and  all  other  the  work  here^ 
by  undertaken  and  agreed  to  be  built,  finilhed  and 
completed,  in  manner  and  form,  and  according  to  the 
method  hereby,  and  by  the  laid  plan  or  draught  here- 
unto annexed,  prefcribtd,  agreed  and  exprefi'ed,  on  or 

before  the  — day  of  — —  next  enfuing  the  day  of 

the  date  of  thefe  prefents  ;  in  coniideration  whereof  the 
faid  JFilliam  Lo'ue^  for  himfeif,  his  heirs,  executors 
and  adminiilrators,  and  every  of  them,  doth  covenant, 
promife  and  agree,  to  and  with  the  faid  Adcwi  Pain^ 
his  executors,  adminiilrators  and  alTigns,  by  thefe  pre- 
fents, that  he  the  faid  Williain  Lo'ue^  his  executors  or 
adminiilrators, fliall  and  will  well  and  truly  pay, or  caufe 
to  be  paid,  unto  the  faid  Adam  Pa'in^  his  executors, 
adminiilrators  or  alTigns,  the  fum  of,   &c.   in  manner 

following,  that  is  to  fay,  the  fum  of dollars  part 

thereof,  at  the  laying  of  the  chamber  floors  of  the  faid 

lioufe  ;  the  fum  of dollars  other  part  thereof,  at  the 

covering  in  of  the  faid  building,   and  the  fum  of 

dollars  other  part  thereof,  at  the  carrying  up  all  the 
ilairs,  and  laying  all  the  floors  and  pavements,  and  giaz  • 
ing  and  enclofmg  the  faid  building  ;   and  the  fum  of 

' dollars,  relidue  of  the  faid  fum  of  ■^ dollars, 

within  twenty-one  days  next  after  the  faid  new  farm- 
houfe  iliall  be  completed  and  finifhed  ;  and  all  other 
work  hereby  undertaken  and  agreed  to  be  performed, 
finiflied  and  completed,  Ihall  be  fo  performed,  finiHied 
and  completed,  in  manner  and  form,  and  according  to 
the  true  intent  and  meaning  of  thefe  prefents.  And 
lallly,  it  is  hereby  farther  agreed  by  and  between  the 
faid  parties  hereto,  that  it  fliall  and  may  be  lawful  to 
and  for  the  faid  Adam  Pain  to  have  all  the  materials, 
of  what  fort  or  kind  foever  they  are,  that  are  now, 
or  lately  were  Handing  in  the  faid  old  farm-houfe,  to  be 
fully  and  wholly  the  property  of  him  the  Hiid  Adam 
Fain^  to  have  liberty  to  make  ufe  of  all  fuch  of  the  faid 


AGREEMENT.  43^ 

old' materials  as  fliall  be  found  and  pjood,  and  fitting  to 
life  again  in  the  faid  now  intended  building.  And  to 
the  intent  that  the  utmoll  ol"  the  charge  of  the  above 
mentioned  building  may  be  fully  knoun,  and  ttiat  the 

expenfe  need  not  exceed  the  fuvn  of dollars,  it  is 

hereby  agreed  by  both  parties,  that  no  verbal  orders  or 
agreements  given  or  made  by  either  party,  in  any  cafe 
whatfoever,  lliall  be  any  m  ays  binding  to  each  other 
(except  fuch  i)articular  Ihall  be  under  the  hand  and 
fcal  of  fuch  of  the  faid  parties  as  Ihall  make  any  altera- 
tion in  the  aforegoing  articles*.  And  lallly,  it  is  fiir- 
ther  agreed  between  the  faid  parties,  that  if  any  difpute 
fliall  arife  relating  to  the  performance  of  the  aforego- 
ing articles,  that  the  fame  ihall  forthwith  be  left  to  the 
determination  of  two  indifferent  perfons,  the  one  to  be 
named  by  the  faid  IVilliam  Love^  and  the  other  by  the 
faid  Adam  Pain,  as  arbitrators,  or  to  fuch  umpire  as 
ihall  be  chofen  by  the  faid  arbitrators  in  cafe  of  their 
difagreement  ;  and  what  award  or  umpirage  Ihall  be 
made  and  given  up  in  writing  under  their  fevcral  hands 
and  feals,  if  fo  required,  Ihall  be  final,  provided  the 
fame  be  fo  made  within  fourteen  days  after  the  faid 
perfons  fhall  be  fo  named  and  choien  as  aforefaid.  In 
witnefs,  &.c. 


For  sale  of  an  Estate. 

Articles  of  agreement,  indented,  made,  coftcludcd 
and  agreed  upon,  the  tenth  day  of  Ko'vember,  in  the 
yearof  our  Lord  one  thoufand  eight  hundred  and  te/i^ 
between  Abel  Adams,  of,  &c.  yeoman,  of  the  one  part, 
and  Caleb  Drew,  of,  &c.  merchant ,  of  the  other  part, 
as  follows,  to  wit. 

The  laid  Abel  Adams,  for  the  confideration  herein 
after  mentioned,  doth,  for  himfelf,  his  heirs,  executors 
^ndadminiilrators,  covenant,  promlli:,  grant  and  agree,. 


44  AGREEMENT. 

to  and  with  the  faicl  Caleb  Drex),  his  heirs  and  affigns, 
bv  thefe  prefents,  that  he  the  faid  Abel  Adams,  Ihall 
and  will,  on  or  before  the //-.sf  day  oi  May  next  cnfu- 
ingthe  date  hereof,  at  the  proper  coils  and  charges  of 
thefliid  Abel  Adams ^  his  heirs  and  alfigns,  by  inch 
deed  or  deeds  of  conveyance,  as  he  or  they,  or  his  or 
their  counfel  learned  in  the  law,  Ihall  advifc,  well  and 
fiifnciently  grant,  convey  and  afliire,  unto  the  faid  Ca- 
leb Drew,  his  heirs  and  aftigns,  in  fee  fimple,  clear  of 
all  encumbrances,  all  that,  ^c. 

In  confideration  whereof  the  faid  Caleb  Drcnu  for 
himfelf,  his  heirs,  executors  and  adminiftrators,  doth 
covenant,  promife  and  a^ree,  to  and  with  the  faid  Abel 
Adams,  his  heirs  and  afiigns,  bv  thefe  prefents,  that 
he,  thcfoid  Caleb  Drew,  his  heirs,  executors  and  ad- 
miniftrators, or  fome  of  them,  fliall  and  will  well  and 
truly  pay,  or  caufe  to  be  paid,  unto  the  lliid  Abel  A- 
dams,  his  executors,  adminiftrators  or  aftigns,  the  fum 
oififceen  hundred  dollars,  in  manner  following,  to  wit. 
Jii}e  hundred  dollar s,\i2ixX.  thereof,  on  the  delivery  of  the 

deed  ibr  the  premifes  ;  dollars  more  thereof,  on 

t\\&Jirst  day  of  May,  which  will  be  in  the  year  of  our 
Lord  one  tfioufimd  eight  hundred  and  ek'ven,  ^c. 

And  for  the  true  performance  of  all  and  every  the 
covenants  and  agreements  aforefaid,  each  of  the  faid 
parties  bindeth  himfelf,  his  heirs,  executors  and  ad- 
Tniniftratars,unto  the  other,  his  executors,  adminiftra- 
tors and  afrin:ns,  in  the  penal  fum  o^  three  thousand  dol- 
lars, firmly  by  thefe  prefents.  In  witnefs  whercof,the 
faid  parties  to  thefe  prefents  have  hereunto  inter- 
changeably fet  their  hands  and  feals.  Dated  the  day 
and  year  ftrft  afore  written, 

JCT'  Where  an  eftate  has  been  in  a  family  for  a  long 
time,  or  the  title  has  not  been  recently  inveftigated,  it 
might  be  advifeable  for  the  owner  to  have  an  abftraj!:!: 
offeis  title  fubmitted  to  counfel,  and   any  objeiStions 


A  C  R  K  E  M  E  N  T.  45 

which  occur  to  it,  cleared  up  previoufly  to  a  contra6l 
being  entered  into  for  i;ile  oi' the  eltate.  By  thispre- 
CiiLitioii  the  vendor  w  ill  a\oid  any  delay  on  Jiis  part, 
v\  hich  inii^ht  impede  the  I'ale  from  bein^-  carried  into 
ciftc\  by  the  lime  illpulated  ;  and  will,  in  manv  cafes, 
be  preierved  the  eivptrnfe  necellarih  attending  tedious 
difcLiflions  of  a  title.  Another  advantage  of  this  mea- 
I'urc  is,  that  if  there  lliould  be  any  dtiecl  in  the  title, 
vrhich  cannot  be  cured,  it  would  only  be  knov.n  to  the 
agents  and  counfel  of  the  vendor,  which  is  of  the  iit- 
nioil  importance  ;  for,  it  frequently  happens,  that  a  de- 
fc6t  in  a  title,  by  being  cJifcovered  to  perfons,  not  con- 
cerned for  the  vendor,  comes  to  the  knowleds:e  of  the 
perfon  intcrefled  in  taking  advantage  of  it,  by  which 
Many  titles  have  been  diiUirbed.       Si.gdai  10. 

Another. 

Articles  q£  agreement  had,  made,  concluded   and 

agreed  upon  this day  of ,  in  die  }  ear  of  our 

Lord ,  between  Adam  Abtl,  of ,  of  tiic  one 

part,  and  John  Bell,  of ,  of  the  other  part. 

Firft,  the  fuid  Addm  Abcl'm  confideration  of  the  fum 
nf  one  thousand  dollars  to  him  in  harid  paid  by  the 
in\d  Joh?i  Ih'll,  at  or  before  the  Icaling  and  delivery  of 
thefe  prefents,  and  of  the  further  fum  of  iivo  ihousmid. 
dollars^  to  be  paid  as  herein  after  is  mentioned,  doth 
hereby  for  himfelf,  his  heirs,  executors  and  admini- 
itrators,  and  every  of  them,  coAcnant,  promife  and 
agree  to  and  with  the  laid  John  Hell,  his  heirs,  execu- 
tors and  adminiftrators,  and  every  of  them  by  dicfe  pre- 
fents, that  he  the  faid  Adam  Abel,  his  heirs  and  afiigns, 

and  all  and  every  other  perfon  and  perfons  whomfoever, 
daiming    or     to  claini   any    right,    title,    or   intereft 

jnder  him  or  any  other  perfon  or  perfons  whomfoever, 
of,  in,  or  to  the and  premifes  hereafter  mention- 


46  A  G  R  E  E  M  E  N  1 

ed)  (hall  and  will  at  the  proper  cofts  and  charges  of  the 
laid  John  Bell,  his  heirs  and  afligns,  (except  fees  to 

counfel,  on  or  before  the day  of nextenfu- 

iag,  by  fuch  conveyances,  affurances,  ways  and  means, 
in  the  law  as  he  the  faid  J&bn  Bell,  his  heirs  or  alTigns, 
or  h';s  or  their  counfel  ihall  reaibnably  devife,  advilc 
Oi-  require,  well  and  fufficiently  grant,  fell,  releafe, 
convey  and  aiVure  to  the  faid  John  Bell  and  his  heirs, 
or  to  whom  he  or  they  (ball  appoint  and  direct,  all 
that,  Sec.  htuate,  &c.  now  in  the  tenure  or  occu- 
pation of  Thomas  Mcadouos,  or  his  alligns,  with  cove- 
jiaiits  to  be  therein  contained,  that  the  faid  premifesat 
the  tune  of  fuch  conveyance,  is  free  from  all  encum- 
biauces  *  and  demands  whatfoever,  [^except,  cf^:.]  and 
ai!  other  ufua!  and  reafon able  covenants.  In  confide-. 
ration  whereof,  the  Hiid  John  Bell  for  himfelf,  his  heirs, 
executors,  adrmnillrators  and  alfigns,  doth  hereby  co- 
venant, promife  and  agree  to  and  with  the  faid  Adam 
Abd.  his  heirs,  executors  and  adminiflrators,  by  thele 
prefents,  that  he  the  faid  John  Bell,  his  heirs,  execu- 
tors or  admmiftrators,  or  fome  of  them,  fliall  and  will 
weli  and  truly  pay,  or  caufe  to  be  paid,  unto  the  faid 
Jdam  Abel,  "his  heirs,  executors  or  adminiftrators,  the 
aforefaid  fum  of  two  thousand  dollars,  at  the  time  of 
executing  the  faid  conveyances. 

And  for  the  true  performance  of  all  and  every  the 
covenants  and  agreements  aforefaid,  each  of  the  iiiid 

*  Wilh  the.  exception  of  a  vendor,  or  his  agent,  suppressing-  an 
encumbrance,  or  a  defect  in  the  title,  it  seems  clear,  that  a  purcha- 
ser ciuinijt  obtain  relief,at>:ainsta  vendor  for  any  encumbrancc,or  de- 
fect in  the  title,tof\vhich  his  covenants  do  not  extend ;  and  therefore, 
if  it  purchaser  neglect  to  have  die  title  im  estimated,  or  his  counsel 
©veriouk  any  defect  in  it,  he  appears  to  be  without  a  remedy.  A 
pui-chaser  will  be  entitled  to  relief,  on  account  of  any  latent  defects 
ia  the  eatate,  or  the  title  to  the  estate,  which  were  not  disclosed 
to  him,  and  of  v/iiith  lit*  vendor.,  or  his  agent.,  was  aware,  ^'^i^---- 
dm  7. 


AGREEMENT,  4l 

parties  to  thcfe  prcfents  dolh  hereby  bind  himfclf,  his 
heirs,  executors  and  aiiigns,  in  the  pcnul  luni  oi'  six 
thousand  dollars. 

In  witnefs  whereof,  the  faid  parties  to  thefe  prefents 
have  hereunto  fct  their  hands  and  feals,  the  day  and 
vcarfirll  above  written. 

•Sealed  and  dehvered,  &c. 


Atiotber. 

Articles  of  agreement,  indented,  made,   concluded 

i!id  agreed  upon  the day  of ,  in   the  year  of 

our  Lord ,  between  Anthony  J^roivn,   of,  Wc.  of 

the  one  part,  and  Conrad  D'lce^  of,   fe'c,    of  the  other 
part,  as  folio weth  : 

Firft,  The  faid  Anthony  Broivn^  in  confideration  of 
the  funi  of  twelve  hiindrtd dollars  of  lawful  ntoney  of 
the  United  States,  to  be  paid  as  is  herein  after  men- 
tioned and  agreed,  doth  covenant  and  agree  with  the 
laid  Conrad  Dice^  that  he  the  faid  Anthony  BroiDiz 
ihall  and  w  ill,  at  the  proper  cofls  and  charges  in  the 
law,  of  the  faid  Conrad  JJice,  on  or  before,  csV.  next 
'■nfuing,  by  fuch  conveyances,  ways  and  means  in  the 
I  nv,  as  the  couiifcl  of  the  faid  Conrad  Dice  ihall  rea- 
onable  advife,  devife  and  require,  well  and  fufficiently 
grant,  con\ey  and  aifure  to  the  faid  Conrad  Dice,  his 
heirs  and  ali.gns,  or  to  whom  he  or  they  lliall  appoint, 
and  to  fuch  ufes  as  he  or  they  fliall  diredl:,  all  those 
viessuages,  b'f. 

And  the  faid  Conrad  Dice  for  himfelf,  his  heirs,  ex- 
ecutors and  adminiftrators,  doth  covenant,  promife  and 
grant  to  and  w  ith  the  faid  Anthony  Jhown,  his  heirs 
and  alTigns,  that  he  the  faid  Conrad  Dice  ihall  and  will, 
on  executing  the  laid  conveyance  or  conveyances,  pay 
or  Cfiiilc  to  be  paid   to  the  laid  Anthony  Bro'Gjn,  his 


48  _  A  G  K  E  E  M  E  N  T- 

heirs  or  affigns,  the  faid  fum  o(  tivche  hundred  dollars ^ 
as  and  for  the  piuchaie  money  for  the  laid  messuage 
and  premifcs  ubo\e  mentioned. 

And  it  ib  further  agreed  b}^  and  between  the  faid  par^ 
ties  to  thefe  prefents,  that  the  faid  Conrad  Dicu^  his 
heirs  andafligiis,  ihall  and  may  on  or  before,  feV.  next, 
enter  into  and  upon  tine  iliid  messuage  and  premifes, 
and  from  thence  receive  and  take  the  rents,  iffues  and 
profits  thereof,  to  his  and  their  own  ufes. 

And  lallly,  for  the  due  performance  of  all  and  fmgu- 
lar  the  covenants  and  agreements  aforefaid,  the  faid 
Anthony  Broivnm^d  Conrad  Dice ^  do  bind  themfelves, 
their  heirs,  executors  and  adniinidrators,  each  to  the 
other,  his  executors,  adminiftrators  and  ailigns,  in  the 
penal  fum  of  Mi' 0  thousand  four  hundred  dollars  of 
lawful  money  of  the  United  States,  firmly  by  thefe 
prefents.  In  witnefs  whereof  the  faid  parties  to  thefe 
prefents  have  hereunto  interchangeably  *  fet  their 
hands  and  feals,  the  day  and  year  abo\e  written. 
Sealed  and  delivered 
in  the  prefencc  of 

%\J^  Where  diflicullies  arife  in  making  out  a  good 
title,  the  purchafer  fliould  not  take  pofiefTion  of  the 
eftate,  until  every  obflacle  is  removed.  Purchafers 
frequently  take  this  ilep,  under  an  imprelfion,  tluU  it 
gives  them  an  advantage  over  the  vendor  ;  but  this  is 
a  falfe  notion  ;  fuch  a  meafnre  would,  in  moll  cafes,  be 
deemed  an  acceptance  of  the  title. 

If,  however,  the  objections  to  the  tide  be  remedia- 
ble, and  the  purchafer  bedehrous  to  enter  on  the  eftate, 
he  mav  venture  to  do  fo  ;  provided  the  vendor  will 
fign  a  "memorandum,  importing  that  the  poiTeffion  ta- 

»  Wherx  this  word  is  inserted,  it  sllo^vs  there  ought  to  be  two  parts. 


A  G  R  E  E  M  E  N  T,  49 

ixcn  by'  the  purchaier,  fliall  not  be  deemed  a  waiver  of 
the  objeiitionisi  to  ihe  i.ilk^ 

And  a  purchafer  may  Tafely  take  poffeflion  of  tiie 
elhite,  at  tlie  time  the  eoiitract  is  entered  into,  as  he 
cannot  be  held  to  have  waived  objeclions,  ol  uhieh  he 
was  not  auiire  ;  and  if  the  purchal'e  cannot  be  con^p^et- 
ed  o'.i  acconnt  of  objections  to  the  title,  he  will  not  be 
bound  to  pay  any  rent  for  the  eitate,  uniefs  the  occu- 
pation of  ic  has  been  beneficial  to  him.      See  Siigdcn  9. 

For  sale  of  Household  Goods,  bV.  as  they  shall  he 
appraised. 

Articles,  Sec.  between  Ann  Rose,  of,  &:c.  and  Beii- 
■amin  Wlnsh'ip^  of,  8cc. 

It  is  hereby  mutually  covenanted  and  agreed  by  and 
between  the  parties  to  thefc  prefents,  that  all  and  fm- 
gular  the  houfehold  goods,  utenfils  and  implements 
of  houfehold  furniture,  which  are  the  property  of  and 
belong  to  her  the  faid  Ann  liose,  and  now  are  about 
or  belonging  to  a  mefiuage  now  in  her  occupation, 
called,  Sec.  ihall  at  the  joint  and  equal  charge  of  them 
the  faid  parties,  be  appraifed  and  valued  by  Conrad 
ffise  kind  Daniel  Little^  (being  twoperfons  chofen  by 
the  faid  parties  as  appraifers  for  that  purpofe)  on  or  be- 
fore the  tenth  day  of  this  instant,  on  or  before  which 
day  they  the  faid  appraifers  (hall  in  writing,  bv  them 
ligned,  give  their  valuation  of  the  faid  g'oods  to  the  laid 
])arties  hereto  ;  and  in  cafe  the  faid  apjjraifers  ftiall  dif- 
fer in  fuc^h  valuation,  then  they  ihall  ele<!:\  and  choofea 
third  (kilful  indifferent  perlbn,  as  an  umpire  to  deter- 
mine and  value  the  fame,  whofe  valuation  thereof  with- 
in three  days  next  after  his  ele6\ion  ihall  be  conclu- 
live  and  final  therein  to  each  of  the  faid  parties  thereto, 
io  'A^  fuch  his  valuation  be  bv  him  then  figncd  and  giv- 

[  7'] 


50  A  G  R  E  E  M  E  N  T 

en,  or  tendered  to  the  fakl  parties.  And  the  faid  Arm 
Ruse  doth  hereby  covenant  with  the  laid  Benjamin 
IVinship^  that  llie  the  faid  Ami  Hose  (immediately  after 
fuch  valuation  mad€  by  the  faid  appraifers  or  umpire  of 
the  faid  goods)  fliall  and  will  make  an  abfolute  bill  of 
fale,  and  give  pofieffion  of  all  the  faid  goods  fo  valued, 
■unto  the  faid  Benjamin  Winship^  at  the  price  or  ium 
of  money  the  fame  fhall  be  fo  appraifed  and  valued  at 
asaforefaid.  And  the  faid  Benjamin  Winship  doth 
hereby  covenant  with  the  faid  Ann  Rose^  that  he  the 
faid  Benjamin  IVinship,  will  accept  and  take  the  faid 
goods  at  the  price  the  fame  (liall  be  fo  appraifed  and 
valued  at  as  aforefaid  ;  and  that  he  the  faid  Benja?ni?i 
JVinship^  at  the  time  of  her  the  faid  Ann  Bose''s  exe- 
cuting fuch  bill  of  fale,  and  delivering  him  quiet  pos- 
le-fiion  of  the  faid  goods,  according  to  fuch  valuation 
thereof,  fliall  and  will  then  pay  or  fufficiently  fecure  to 
be  paid,  to  the  faid  Ann  Base,  the  fum  of  money  for 
uhich  fuch  goods  fliall  be  fo  valued  at  as  aforefaid. 
And  lallly,  for  true  performance,  &:c.  {^Bena/ty.'] 
In  v/itnefs,  &c. 

I^'or  bearing  equal   Charges   in  a  Laiv    Suit^   to  he 
brought  for  the  recovery  of  an  Estate. 

Articles,  &c.  between  Afatthew  Broivn,  of,  Sec.  of 
the  firfl  part,  Charles  Dixon,  of,  &c.  of  the  fecond 
part,  Bzekiel  Ca?np,  of,  &c.  of  the  third  part,  Francis 
Barney,  of,  ^c.  of  the  fourth  part,  Giles  Goby,  of,  bV, 
of  the  fifth  part,  and  Henry  Bodge,  of,  S^c.  of  the  fixth 
part,  in  manner  and  form  following,  to  wit. 

Whereas  Thomas  Snatch  of,  y<:.  and  Titus  More, 
of  £s?c.  have  let  up  a  claim  to  a  certain  tra61;  or  parcel  of 
land,  founded  on  an  entry  and  furvey  v[\i\(\th\JohnZane, 
of,  ^c,  and  pretend  that  the  bounds  and  limits  thereof 
do  extend  to,  and  are  in  and  upon  fon^e  of  the  refpec- 


AGREEMENT.  51 

tive  lands  of  the  (liid  Mattheiv  Brown,  Charles  Dix-^ 
oil,  Ezekicl  Camp,  Francis  Barney ,  Giles  Geby,  and 
Jrlejiry  Ilodge,  which  iie  adjacent  next  or  near  unto  the 
Aud  furvey,  but  m  luch  they  conceive  \they  haroe  an 
elder  and  a  better  title  to,  (?/]  not  to  be  within  the 
bounds,  liniits  or  precin6ls  of  the  faid  furvey,  by  reafon. 
Tvhereof  fome  or  divers  fuit  or  fuits  is  or  are  likely  to 
arlfo,  be  brou,s>;ht  or  commenced  :  And  whereas  it  is 
apjrced  by  and  between  the  f.iid  parties,  that  if  any  fuch. 
action  orattions,  fuit  or  fuits  be  brought  or  commen- 
ced a.s>;ain{t  any  or  either  of  them,  at  any  time  or  times 
hereafter,  that  they  and  every  of  them  do  and  ihall 
bear  and  pay  their  refpe^tive  fliares  and  parts  of  the 
damac^es  and  colls  thereof:  Now  thefe  prefents  uit- 
iiefs,  that  the  faid  Matthew  Brown,  Charles  Dixon^ 
&c.  and  every  of  them,  do  hereby  covenant,  promiie 
and  ai^ree,  to  and  v.ith  each  other,  that  they  the  faid 
Matthew  Brown,  Charles  Dixon,  ^c.  and  every  of 
them,  their  and  every  of  their  executors,  adminillrators 
and  aHigns,  Ihall  and  will  ])ay  and  bear  their  refpe(Stive 
equal  Hiares  and  parts  of  all  the  colls  and  damapi^es  of 
all  and  every  fuch  atlion  and  a61:ions,  fuit  and  fuits,  as 
at  any  time  or  times  hereafter  ihall  or  may  be  brou.^ht 
by  or  againil  them,  or  any  or  either  of  them,  lu  wit- 
nefs,  ^c. 

Between  a  Tradesman,  and  his  Factor. 

Articles,  bV.  between  Robert  Cults,  of,  h\-.  of  the 
one  part,  2ii\(\Itc7n  Few,  of,  ^c.  of  the  other  part. 

Whereas  the  faid  Bobert  Ciitts,  hath  contraiSled  and 
agreed  with  the  faid  Item  Few,  to  employ  him  as  a  fac- 
tor ill  J\'ew -Orleans,  for  him  the  faid  Robert  CnttSy 
for  the  vending,  felling,  and  uttering  of  all  fuch  wares 
and  merchandifes,  as  he  the  faid  Robert  Cutis  fliall 
confign  and  fend  unto  the  faid //<?/;2  Few,  in  his  now 
dwelling-houfc  iixN'ew-Orlean:;,  for  aiidUuringthefpiice. 


k 


52  A  G  R  E  E  M  E  X  T. 

and  term  of 7?=^^  years,  to  commence  from  the  da}' of  the 
date  hereof  :  whereupon  it  is  covenanted,  Es?(:.  by  and 
between  the  faid  pai  tics,  and  each  of  them  the  laid  par- 
ties, by  and  for  himfeif,  his  executors  and  adminliba- 
iors,  doth  covenant  and  grant  to  and  with  the  other  of 
them  the  faid  parties,  his  executors  and  adminlltrators, 
in  manner  and  form  following,  viz.  That  he  the  faid 
Item  Few,  Ihail  and  will  not  on:y  accept  and  take  into 
his  houfe,  tru':  charge,  and  cullocly,  all  fnch  wares 
and  merchandiles,  as  he  the  faid  Robert  Cutts  lliail  up- 
on his  account,  or  which  ihall  belong  unto  him,  fend 
and  confign  unto  the  {•d\CiItem  Few,  to  be  vended  and 
fold  ;  but  alio  Ihall  do  his  bed  endeavor  to  vend  and  fell 
the  fame  to  and  for  the  only  ufe  and  benefit  of  the  faid 
Robert  Cutts,  to  the  beft  proht  and  advantage,  and  in 
the  beft  manner  that  he  the  faid  hem  Few  can  or  may 
perform,  and  that  from  time  to  time,  and  at  all  times 
during  the  faidfpace,  &cc.  to  commence,  &c.  as  afore- 
faid.  '  Alfo  that  he  the  faid  Item  Few,  ihall  not  only 
keep,  or  caufe  to  be  kept,  a  juft  and  true  book  or  books 
of  account  and  reckoning  in  \viiting,  of  all  fuch  wares 
and  merchandifes,as  he  the  faid  Robert  Cutts  fliall  from 
time  to  time  during  the  iliid  term,  confign  unto  the  faid 
Item  Few,  and  (liall  fo  come  to  his  charge  and  cufto- 
dy,  and  to  whom,  and  at  what  rates  and  prices,  and  at 
-vhat  time  and  times  the  lame  fliall  be  fold  and  vended 
by  him  the  faid  Item  Few,  but  alfo,  well  and  truly 
pay  and  deliver  unto  the  faid  Robert  Cutts,  his  execu- 
tors, adminifa-ators,  or  aifigns,  all  fuch  monies,  fpeci- 
alties,  and  other  things,  as  fliall  come  to  the  hands  of 
or  (hall  be  received  by  the  faid  Item  Few,  for  the  faid 
wares,  &:c.  during  the  term  aforcfoid,  together  with 
all  fuch  wares,  &c.  as  before  the  fame  account  fiiall 
appear  to  be  received  by  the  faid  Ite?7i  Few,  and  not 
fold  at  the  end  of  the  fliid  term.  Alfo,  that  he  the  faid 
Item  F'^ew,  Iball  be  true  and  faithful  unto  the  faid  Ro^ 
hert  Cutts,  in  the  felling  and  vending  ail  wares,   &c. 


ACRE  E  M  E  N  T.  53 

during  the  (aid  term,  and  not  defraud  or  defeat  ti.e  faid 
liobcrt  Cutis,  in  any  oi  the  prcuiirtb,  wilfull}-,  or  to  his 
hnowledgc,  but  ihall  endeavor  to  \end  the  laid,  is'c.  lo 
able  men,  for  the  bell  prices  and  ihortefl  time  of  pay- 
ment, :is  he  eonxenientiy  can.  Alio,  that  the  faid  i/^;;? 
JTt-w,  Ihall  not  durinij  the  faid^i't- }ears,  deal  or  trade 
as  factor  for  any  other  perlon  or  perlbns,  for  the  buy 
in[;-or  fi-llin;:;  of  any  wares,  cs^V.  but  only  for  him  liie 
ilnd  I^ubcrt  CtiMs  i\ti  aforefaid.  Alio,  in  coniideration 
of  which  fhiiflorihip  fo  to  be  done  and  performed,  by 
the  laid  Jw??!  Few,  as  afoielaid,  he  the  faid  Robert 
Cults,  doth  hereby  for  hinifelf,  &c.  covenant,  ?kc.  to 
l>iiy  to  him  the  faid  Item  Few,  his,  &c.  the  fum  of,  ccc 
per  annum,  and  alfo  the  fum  of,  £^c.  for  porterage, 
^nd  other  like  charges.  Ailb,  that  the  faid  Robert 
Cutts,  l])al!  not  at  any  time  during  the  laid  five  years, 
coniii^n,  or  fend  unto  the  {did  Item  Few,  any  >\'ares,  &:c. 
that  ihall  belons^  unto  any  other  perfon  or  perlbns,  but 
fuch  as  fliall  properly  belong  to  him  the  lliid  Robert 
Cntts  only.      In  witness,   £cc. 

For  the  jnaking  of  Bricks. 

Articles  of  agreement  indented.  Sec.  between,  ,Tohn 
May,  of  &c.  of  the  one  part,  and  Obed  CLiy,  of,  Ccc.  of 
the  other  part,  viz. 

The  faid  Obed  Clay,  for  the  conhderations  h.ereun- 
der  mentioned*  doth  hereby  for  himfelf,  his  executors 
and  adminiftrators,  covenant,  contrail,  and  agree,  to 
and  with  the  faid  John  May,  his  executors,  admlni- 
llrators  and  afilgns,  as  followeth,  viz. 

That  he  the  faid  Obed  Clay,  his  executors,  admini- 
llrators,  fervants,  workmen,  or  alTigns,  Huill  and  will 
within  the  fpace  of  seven  months,  to  be  accounted 
from  the  date  hereof,  at  his  and  their  own  proper  cofls 
and  charges,  and  with  good  and  fulficient  materials, 
make  or  caufe  to  be  made  in  the  towndiip  of  P  ----; 


54  A  G  K  £  E  M  E  N  T. 

for  the  faid  John  May ^  of  c^ood,  hard,  well  burnt  and 
lawful    bricks,    to  be  all    of  them  full    four    inches 
broad,  full  eiglu  inches  three-fourths    long,  and  full 
two  inches  and  a  halt"  thick  when  burnt  off,  and  at  his 
and  their  like  charge,  deliver,  or  caule  the  lame  to  be 
delivered,  by  fuoh  parcels  and  quantities  froin  tiviie  to 
time,  *?t   the  boufe  of  the  faid  John  May,  at  M'lddle- 
£o--wn,  -IS  tht  fame  ihall  be  demanded,  or  occafion  Ihall 
req^fre^  for  carr}dng  on  his  buiidini^s  there.     In  con- 
iidesaiion  whereof,  thef\id  Join  May,  for  himfelf,  his 
exe€(5i:ors,  adminifirators,  and  afiigns,  doth  covenant, 
promife,  and  agree,  to  and  witli  the  faid  Obed  Clay, 
his  execators,  adminiftnitors  and  aifigns,  that  he  the 
laid  Ja/?/?  il/i7y,    his  executors,  adminiilrators  and  as- 
li^ss,  fhall  and   will    provide   the   ground    and   place 
wherein  to   dig  the  earth    for,   and  to  make  the  faid 
bricks  upon,  and  a!fo  truly  pay,  or  caufe  to  be  paid  un- 
to thq  faid    ObedClay^    his  executors,    adminiilrators 
<5r  alSgns,  three  dollars  for  every  thouflind  of  the  faid 
forkks  to  be   made   and  delivered    as   aforefaid,   via; 
©ne  hundred  dollars,  part  thereof,   after  the  faid  Obed 
€hy  has  dvn^  three  weeks  in  the  ground  towards  mak- 
iii]!§^  the  laid  bricks,  and  upon   the  faid  Obed  Clay,  and 
has  foil  Obed  Clay,  jun.  giving  their  fecurity  by  bond^ 
fear  the  fame,  till  the  value  thereof  fhall  be  delivered  of 
'"  -^1"  taid  bricks,  to  or  for  the  fiid  John  May  as  aforefaid, 
!  •-■fter  th.e  value  of  the  faid  one  hundred  dollars  fnali 
.Pi'  to  delivered  in  as  aforefaid,    then  he  and  they   fliali 
ajjii!  will  pay  all  the  remainder  of  the  faid  money  to 
^mv  rlae  as  aforefiid,  as  the  refidue  of  the  faid  quan- 
tsty  of  bricks  fliall  be  delivered  in  from  time  to  time  ; 
m\  if,  after  the  faid  quantities  ihall  be  fo  delivered, 
jQ>hn  Rod,  bricklayer,  and  John  Oaks,  carpenter,  the 
workmen  of  the  faid  John  May,  Oiall  judge  and  declare 
th&  fiiul  bricks  to  be  bona  fide  worth  of  then-  goodnefs, 
^^r<?^  dollars  per  thoufand,  above  the  fuin  before  agreed 
and  mentioned  ;  then  he  the  faid  John  May  fl-udl  and 


AGREEMENT.  55 

will  further  pay  the  faicl  Obcd  Clay\  the  fyid  three  dol^ 
lars  per  thourand  for  every  thoufund  of  the  laid  bricks 
above  the  faid  three  dollars  per  thoufand  to  be  paid  as 
aforefaid,  \\  hen  all  the  faid  quantity  Ihall  be  made  and 
delivered  aceordmLr  to  the  nieaninsJ;  of  thefe  vrcTcnti). 
[Paialties.'\     la  vvjtuefb  whereof,  ^c. 


For   meat  Sold. 

Memorandum,  It  is  agreed  by  and  between  Adaf?i 
Iiye,  of,  C9V.  aiul  Daniel  Web^  of,  <sc.  That  he  ihe  faid 
Daniel  IFcb^  in  confideration  of  three  hundred  hiilhels 
of  wheat  fold  to  him  this  day  by  the  faid  jldur.i  Kyc^ 
and  by  him  agreed  to  be  delivered  to  the  faid  Daniel 
Wcb^  free  of  all  ehaiges  and  expenfes  whaifoever,  011 
or  before  £sV.  next,  ihall  and  will  pay,  or  eaufe  to  be 
paid  to  the  faid  Adain  Rye^  or  his  alhgns,  uilhin  three 
months,  after  fuch  delivery,  the  fum  of  three  hundred 
dollars.  And  ihe  laid  Adam  I\ye,  m  eoj.liderauon  of 
the  agreement  afortfaid  of  the  faid  Daniel  freb,  doih 
promife  and  agree,  on  or  before,  ^c.  afort  laid,  at  his 
own  proper  exj)enfe,  to  fend  in  and  deliver  to  the  faid 
Daniel  JFeb^  or  his  ailigns,  the  faid  three  hundred 
bnlhels  of  wheat,  fo  fold  10  him  as  aforefaid,  and  that 
he  the  faid  Adam  I'ye,  ihall  and  w  ill  warrant  the  farn^^ 
to  be  good,  elean  and  merchantable  grain.     In  witntis, 

Metwecn  a  Master  and  O'verseer  about  the  manage- 
iiient  of  a  Farm. 

Articles,  ^c.  between  Abel  Pain,  of,  tV.  of  the  one 
part,  [iwdJohn  Speck,  8kC.  of  the  other  part,  as  iollow- 
cth,  viz. 

^\hereas  the  faid  Abel  Pain  hath  agreed  v/ith  and 
hired  the  fa^d  John  Speck,  to   be  his  overieer  lor  the 


56  A  G  R  E  £  M  E  N  I 

well  ordering',    improving  and  maiicsging    for  the  bcil 
and  rnoll  profit  and  advantage  of  the  ^did  Abel  Pain ^  in 
e-Qod  hnfDand-like  manner  as  herein  alter  is  mentioned. 
all  that  farm,   m-elTnage  or  tenement,    barns,  llables, 
out-lioi;fes,  lands,  meadows  and  pafUire  ground,   with 
the  appurtenances  thereunto  belonging,  now  in  the  te- 
nure or  occupation  of  the  faid  Abel  Fain^  iituate  lying 
and  being  in  Faxton.,  and  commonly  called  or  known 
by  the  name  of  Finn's  FoUy^  for  the  term  of  <77z<?  year 
from  the //r^/  of  April  next  coming  after  the  date  here- 
of, and  fo  from  year  to  year  afterwards  for  and  during 
the  term  of  rzt'o  years  more,   if  he  the  faid  Abel  Fain 
fliall  think  fit  to  ente.rtain  the  faid  John  Speck  in  his 
faid  fervice,  and  not  otherwife,  at  and  for  the  yearly  fa- 
lary  or  wages  of  three  hundred  dollars,  payable  quar- 
terly as  herein  after  is  mentioned  :   Now  it  is  thereup- 
on covenanted,  granted,  concluded  and  agreed,  by  and 
between  the  faid  parties  to  thefe  prefents,  for  them  • 
felves,  their  executors,   adminillrators   and   affigns,  in 
manner  and  form  following,  that  is  to  fay,  the  laid  John 
^■/^(^cy^forhimfelf,  his,  Sec.  doth  covenant,  &:r.  to  andwith 
the  faid  Abel  Fain,  his,  Scc.   by,   g^x.  that  he    the   fiud 
John  Speck,  fliall  and  will  with  the  affiflance  hereinaf- 
ter covenanted,  to  be  afforded  to  him  by  the  faid  Abel 
Fain,  in  a  good  hufband-like  manner,  and  at  feafona- 
ble  times  in  the  year,  from  time  to  time  during  fo  long 
as  he  lliall  continue  in  the  faid  fervice  of  the  faid  Abel 
Fain,  well  and  fufficiently  plough  and  keep  in  tillage 

the  number  of acres,  little  more  or  lefs,  parcel  of 

the  farm  aforefaid,  every  year  yearly,  and  fliall  and  will 

leave acres  thereof,  to  be  laid  ftillow  every  other 

year,  and  plough  the  fame acres  three  times  be- 
fore it  be  fowed  again  ;  and  fhall  fow  or  plant  the  re- 
maining   acres  at  feafonable  times  in  the  year  with 

fuch  corn  and  feed  as  the  faid  Abel  Fain,  his  execu- 
tors or  alligns,  fhall  from  time  to  time  direft  and  ap> 
point ;  and  the  fame  fo  fown  or  planted  ihall  in  good 


A  G  R  E  E  M  E  N  T.  Si 

hufband-Iike  manner  liiirrow   or  plough  :     And  that 
he    the   faid   Ju/jn  Shcck,    with  tht:  workmen  to  be 
furniihcd    him   by  tiie    laid    Abel  Pain^  Ihall,  from 
time  to  time,  durmg  the  term  of  three  years,  or  fo  long 
thereof  as  he  iliall  remain  in  the  faid  fervice  of  the  laid 
Abel  Pain,  at  fuafonable  times  in  the  year,   in  a  good 
hulband-like  manner  gather,  hufk  and  crib  all  the  eorn, 
and  reap,  cut  down,  hik!  (hock  all  the  grain  that  ihall 
ftaiid,  grow,  or  be   in   or  upon  the  faid  farm,  or  any 
part  thereof,  and  do  all  other  things  that  Iball  be  con- 
venient for  making  the  lame  iit  to  be  houfed,  and  ther* 
Ihall  fetch  m  and  lay  up  the  fame  in  the  barn  belong- 
ing to  the  farm  :   And  alfo,  wcil  and  fufficiently  repair, 
maintain,    leep  and    amend    the    fences    and    enclo- 
fures  of  or  belonging   to  the  faid  farm  and  premifes, 
in,  by,  and  wich  ail  needful  and  neceifary  reparations 
andamendmenisduringtlK'faid  term:  And  fliallandw  ill 
manure  all  the  meadows  of  the  faid  farm  from  the  lirit 
day  of  April  to  the  twenty- fi'-ft  day  of  June,  or  fomuch 
longer  every   year  during  fo  long  of  the  f.iid  term-  of 
three  years  as  he  fhall   contnuie  in  the   faid  feivice  of 
the  f  lid  Abrl  Pain^  his  executors  or  afiiii-ns,  as  Ihall  be 
convenient  for  hay  :   And  ihall  and  will  alfo,  atfcafon- 
able  tmies  in  the  year  yearly,  duriiig  the  H'id  term   in 
good  and  hufband-Iike  manner,  mow  all  the  faid  mea- 
dows,  and  in   liUe  manner   make  up  all  the  hay,  and 
fetch  and  carry  ir  from  the  faid  meadow  to  the  yard  be- 
longing, to  the  faid  farm,  and  there  lay  it  up  in  a  ihick 
or  flacks  :    And  iliali  and  w  ill  lay  ail  the  dinig,  foil  and 
compofl,  that  fhall  be  made  in  or  about  the  yards  and 
out-houfes  belonging  to  t;he  faid  farm,  and  fuch  other 
dung  and  foil  as  ihe  faid  AbclPahi  fliall  buy  or  provide 
for  that  purpoie,  to  and  upon  fuch  part  of  the  lands 
and  grounds  of  the  faid  farm  as  the  iWK]Abel  Pain  or  his 
executors  or  afa,^ns,  lliall  f  om  time  to  time  dire<f\  and 
appoint ;  and  at  feafonabie  times  in  the  year  ihall  there 
fprcad  the  lame  ;    And  ihall  alfo  go  with  the  team  of 

r  8 1 


58  AGREEMENT 

the  faid  Abel  Fain,  to  the  highways,  from  time  vo  titiie 
nhen  lawfully  required,  there  to  repair  and  amend  the 
fame,  and  at  all  other  times,  do  and  perform  all  fuch 
works  and  bufuiefs  with  the  faid  team  as  the  laid  Abel  • 
Pain  fhall  from  time  to  time  reafonably  order,  think 
fit  and  appoint  :  In  confideration  of  all  which  premi- 
fes,  he  the  faid  Abel  Pain,  for  himfelf,  his  executors, 
adminiftrators  and  alTigns,  doth  covenant,  grant  and 
ap-ree,  to  and  with  the  faid  John  Speck,  his  executors 
and  afligns  by  thefe  prefents,  in  manner  and  form  fol- 
lowing, that  is  to  fay,  that  he  the  faid  Abel  Pain,  his- 
executors,  adminiftrators  or  afligns,  fliall  and  will  well 
and  truly  pay,  or  caufe  to  be  paid,  unto  the  faid  Johri 
Speck,  the  faid  yearly  rent,  fum  orfalary  of  three  hun- 
dred dollars,  during  fo  long  of  the  aforefaid  term  of 
three  years,  as  he  the  faid  John  Speck  fliall  continue 
in  the  faid  fervice  and  employment  of  the  faid  Abel 
Pain,  on  the  four  quarterly  days,  that  is  to  fay,  on  the 
firftdays  of  April,  July,  O6\ober  and  January,  in  equal 
portions,  and  iliali  during  the  fame  time  allow  him  to 
occupy  with  his  family,  the  following  premifes,  viz, 

■ ;  and  fliall  moreover  furnifh  him  with    workmen 

of  the  following  defcriptions,  viz.    ,  to  be  under 

his  control  and  dire6\ion  for  the  purpofes  herein  before 
particularly  mentioned.     In  witnefs  whereof,  Sic. 


Benoeen  an  Attorney,  and  his  Clerk, 

Articles  of  agreement,  indented,  covenanted,  con- 
firmed and  agreed  upon,* between  Thomas  Baxter,  of" 
the  city  oi  Trenton^  and  ftate  oi  New -Jersey,  attorney 
at  law,  of  the  one  part,  and  Riley  Bob,  of  the  fame  place^ 
yeoman,  and  Absalom  Bob,  fon  to  the  laid  Pdley  Bob.^ 
of  the  odier  part,  as  follovveth,  viz. 

The  fliid  Thomas  Baxter,  in  confideration  of  the 
fum  Q^  Ji'uc  hundred  dollars,  to  him  now  paid  by  the 


A  G  R  E  E  M  E  N  T.  59 

hid  JR'ilcy  Boh^  2tXTre?ifon,  the  receipt  ^\  hereof  is  here- 
by acknowledged,  doth  at  the  inilance  of  and  by  and 
\v  ith  the  confent  of  the  faid  AbscUum  B&b^  teftified  by 
his  being  a  party  to  and  executing  hereof  J  agree  to 
take  and  accept  of  him  thefaid.^Z'^^/6'/?ii?(3/',as  his  clerk, 
from  the  day  of  the  date  hereof,  for  and  daring  and  un- 
to the  full  end  and  term  of  fiiiu  years  next  enfuing  : 
And  he  the  faid  Absalom  Jiob,  (by  and  with  the  con- 
fent of  his  faid  father  liilcy  Bob^  alfo  teftified  by  his  be- 
ing a  party  to  and  executing  hereof)  hath,  and  by  thefc 
prefents  doth  put  and  place  himfelfto  and  with  the  faid 
Thomas  Baxter^  his  mafter,  to  ferve  him  as  his  clerk 
from  the  day  of  the  date  hereof,  for  the  faid  term  of 
Ji'de  years,  during  which  term  he  the  faid  Absalom  Bob^ 
fhall  faithfully  ferve  him  the  faid  Thomas  Baxter^  his 
fecrets  keep,  and  his  lawful  commands  obey  and  per- 
form ;  and  Ihall  not  abfcnt  himfcif  from  the  fervice  of 
his  faid  mafler,  without  his  confent  during  the  faid 
term  ;  nor  unduly  fpcnd  or  w^afte  any  of  his  faid  mas- 
ter's monies,  goods  or  chattels,  or  of  any  of  his  clients^ 
•which  fliall  be  in  the  cuilody  of,  or  intrulled  with  him. 
by,  his  faid  mailer,  during  the  faid  term  ;  but  Hiall  at 
all  times  during  the  faid  term,  truly  account  for,  pay 
and  deliver  to  his  faid  mailer,  his  executors,  or  as- 
figns,  all  and  every  fuch  fum  and  fums  of  money,  wri- 
tings and  other  things,  which  he  the  faid  Absalom  Bob, 
iliall  receive,  have  or  take,  of,  from,  or  be  intrulled, 
for  or  on  account  of  his  faid  mafter  or  any  of  iiis  clients. 

And  the  faid  Thomas  Baxter^  in  confideration  of 
the  aforefaid  premifes,  doth  hereby  covenant  and  agree 
to  and  with  the  faid  Biley  Bob  and  Absalom  Bob,  and 
to  and  with  each  of  them,  by  thefc  prefents,  in  manner 
as  follows,  viz.  That  he  the  faid  Thomas  Baxh^7\  dur- 
ing the  faid  term  o^Jive  years,  lliall  ufe  his  beft  endea- 
vors to  inftru6l  and  inform  the  faid  Absalom  Bo 5,  in. 
the  profcflion  of  the  law,  and  practice  of  an   attornejr 


60  AGREEMENT. 

of  the  feveral  courts  wherein  he  thefaid  Thomas  Bax~ 
ter  Ihall  ufe  and  pradlife  during  the  laid  term  ;  and, 
that  he  the  laid  'Thunias  Baxter^  at  the  end  ol  the  laid 
Jive  years,  Ihali  and  will  -  at  the  requeft  and  charge  of 
the  faid  Absalom  Bob^  ull  his  belt  endeavors  to  pro- 
Guie  hini  the  faid  Absalom  Bob  to  be  acmitted  and  li- 
cenfed  to  pracliie  as  an  attoriiey  in  the  faid  courts,  h.z. 
In  uitnefs,   &c^ 

Between  a  House-keeper  a?2cl  bis  Lodger, 

Memorandum,  It  is  agreed  b}'  and  between  Andreiu 

Bowen  of  — — — ,  and  Conrad  Doe,  of  — ,  as  follows, 

viz.  Tiie  faid  Andrew  Bo%ven^  in  confideration  of  the 
rent  hereinafier  mentioned  and  ai^reed.to  bepaid  to 
hini,  hath  letten  lo  the  faid  Conrad I)oe^  one  room,  up 
two  pair  of  ft  lirs  forwards,  part  of  the  now  dwelling- 
houfe  of  the  faid  Andrew  Bowen,  fituate  in ,  to- 
gether wnth  the  furniture  at  prefent  ftanding  therein, 
that  is  to  fay,  one  table,  &c.  To  hold  to  the  faid  Con- 
rad Doe  for  the  term  of  two  years,  to  commence  from 
the  firll  of  April  next,  at  the  yearly  rent  oijifieen  dol- 
lars, to  be  paid  quarterly,  to  wit,  on  the  firll  days  of 
July,  October,  January  and  April. 

Thefaid  Conrad  Doe,  m  coniideration  hereof,  agrees 
to  pay  the  aforellild  yearly  rent  ol  fifteen  dollars,  at  the 
times  above  limited  for  payment  thereof  ;  and  at  the 
end  of  the  term,  or  in  cafe  of  any  default  in  payment, 
fhall  and  will,  on  requelt  of  the  faid  Conrad  Doe^  or 
his  affigns,  immediately  yield  and  deliver  up  to  him  or 
them,  the  peaceable  and  quiet  poffefiion  of  the  faid 
room,  together  with  the  W'hole  furniture,  he,  from  the 
firll  entrance  thereon,  there  found  and  poflelled,  in 
good  and  fufficient  plight  and  condition,  reafonable 
wear  and  tear  only  excepted.     In  witnefs,  he. 


AGREEMENT.  61 

JTith  a   Clerk  or  Ji'urkiuan. 

It  is  agreed,  i\\i's Jirst  day  oi May^  in  the  year , 

betwteti  Isaac  Roe^   and  John  Bdi^  both  of" ,  iu 

manner  follo\vin<r,  to  wit  : 

The  faid  John  Bell,  covenants  and  agrees  faithfully, 
truly  and  diligently,  to  write  \_or  iut;/7.?J  for  and  aCt  as 
the  clerk  \_or  journeyman~\  ot  him  the  laid  Iraac  Roc\ 
from  the  day  of  the  date  nereof,  for  and  during  the 
fixice  of  one  whole  year,  iffo  long  both  parties  live, 
w  ithoiit  abfenting  himfelf  from  the  fame  ;  during  which 
time  he  the  {■d\(lJob?i  Bell,  will  refort  to  the  faid  Isaac, 

Rot's  office  [cr  shop']  in  ,  and  there   attend,    and 

do  and  perform  the  cierkihip  \_Qr  rcork']^  aforelaid,  with- 
out revealing  any  of  thefccrels  of  the  faid  Isaac  Roe, 
his  occupation  or  bufmefs. 

In  confideration  of  which  fervice  fo  to  be  perform- 
ed, he  the  faid  Isaac  Roc  covenants  and  agrees,  to  al- 
low and  pay  to  the  laid  John  Bell,  the  fum  of ,  by 

four  equal  quarterly  payments,  or  oftener  if  required  : 
Provided  neverthelefs,  that  when  and  as  often  as  the 
^•d\i\  Isaac  Roe  \\ii\\\  not  writing  [o/-  work']  fujTicicnt 
to  keep  the  faid /(//'//  Bell  in  employ,  then  and  fo  of- 
ten, during  fuch  time,  it  ihall  be  lawful  for  the  faid 
John  Bell,  to  do  any  other  bulintfs,  for  Ins  own  life, 
and  on  his  own  account ;  but  if  it  lliould  happen  that 
the  faid  John  Jkll  lall  fick,  or  I'hali  be  ablei\t  from  the 
office  [or  shop]  of  the  faid  Isaac  Roc,  w  hen  he  has  em- 
ployment for  hmi ;  then  fuch  abfent  time  fnall  be  de- 
duced, allowed  for,  and  made  up  to  the  faid  Isaac 
Roe.  And  for  the  true  performance  of  all  and  fmgular 
the  covenants  and  agreements  aforefaid,cach  of  the  faid 
parties  bindeth  himfelf,  his  heirs,  executors,  and  ad- 
minillrators,  unto  the  other,  his  executors,  adminiftra- 

tors  and  affigns,  in  the  penal   fum  of  ,    firmly 

by  thefe  prefents.     In  witnefs,  &c. 


62  AG  R  E  E  M  K  N  T. 

Fo7'  the  sale  of  a  parcel  of  Trees  gro'wirrg^  and  liber- 
ty to  Lilt  dow72  and  carry  them  ainay^  ^c. 

Articles  of  agreement  in  iented,  ^c.  between  Rich- 
ard HumeSy  of ~,  of  the  one  part,  and  Eiias  Mays^ 

of ,  merchant,  of  the  other  part,  in  manner  fol- 

lowirig,  ihat  is  to  fay  : 

The  faid  Richard  Humes ^  in  confideration  of , 

to  hini  in  hand  paid,  at ,  by  the  faid  Elias  MaySy 

tiie  receipt.  ^\ hereof  is  hereby  acknowledged,   and  in 

conudenttjon  of  the  further  iuni  of ,  to  be  paid 

hini  b^  thelakl  Elias  Mays,  hib  executors,  or  admini- 
ilrators,  as  hereunder  is  mentioned,  hadi  granted,  bar- 
gained and  fold,  and  by  thefc  prefents  doth  grant,  bar- 
gain and  fell  unto  the  i^iid  Elias  Mays,  his  executors, 

adminiilrators  and  aiiigns, of  the  oak  trees,  now 

lla?"!diiigandgro\\  ing  in  and  upon  the  lands  and  grounds 

belon^^ing-  to  the  feveral  farms,  called ,   or  any  of 

tlieiiri?''J5i  the  county  of ,  now  in  the  tenure  of,  &c. 

v.hich  the  faid  Elias  Mays,  his  executors  or  aiiigns, 
ilialUhiok  fit  to  choofe,  and  take  from  all  or  any  of  the 
fhid  farms,  and  the  lands  and  grounds  thereunto  be- 
longmg-„  or  to  any  of  them,  togeuie'r  with  the  tops  and 

bark  of  and  belonging  to  the  laid trees  hereby 

fold.  And  the  laid  Richard  Humes  for  himfelf,  his 
executors,  adminiftrators,  and  aiiigns,  doth  covenant, 
promife  and  agree,  to  and  with  the  faid  Elias  Mays^ 
hiseseciiiors,  adminiilrators,  and  aiiigns,  by  thefe  pre- 
fents, that  at  all  or  any  time  or  times,  until  the , 

nr'^iclmill  be  in  the  year  of  our  Lord ,  he  the  faid 

Mihis  Mays^  his  executors,  workmen,  fervants  oras- 
li^vs^  ViiaW  and  may  have  free  liberty  of  ingrels,  egrefs 
asid  regrefs,  into  and  from  all  or  any  part  of  the  lands 
and  grounds  belonging  to  the  farms  aforefaid,  or  any 
<of  ithem^  with  horfes,  carts  and  carriages,  to  choofe, 

tjajke,  fell,  cut  down  and  carry  away  the  faid  — trees, 

^TtA  the  tops  and  bark  thereof,  to  and  for  his  and  their 


A  G  R  E  E  M  E  N  T.  ^53 

own  ufe  and  ufes  ;  and  like  liberty  to  make  and  dig 
favvpits  in  convenient  places  in  the  laid  grocinds,  and 
therein  to  Taw,  cut  out,  and  convert  all,  or  To  many  of 
the  faid  trees  as  he  or  they  iliall  think  lit,  lor  the  Ljetter 
conveniency  or  carriage  thereof.  And  t!ie  faid  Llias 
Mi2ys,  lor  hinilclt',  his  executors,  admiuiilrators,  and 
afligns,  doth  covenant,  promife  and  agree,  to  and  uith 
the  laid  Richard  Humes,  his  executors,  admiuillrators 
andalligns,  by  tluic  prelcnts,  as  lolloucth,  that  is  to 
lay,  that  within  the  time  alorefaid,  he  the  faid  Elias 
Jity^,  his  executors,  adminiftrators,  workmen  or  as- 
figns,  will  chooie  out,  and  at  his  and  their  own  charge 
fell,  cut  down,  and  carry  away  the  laid  -  —  trees  i"o 
ibid  to  him  as  aforefaid  ;  and  in  confideration  and  in 
full  for  the  purchafe  thereof,  Ihall  and  will  truly  pay, 
or  caufe  to  be  paid,  unto  the  faid  Richard  Hiimes^  his 

executors,  adminiilrators  or  afligns,  the  fum  of , 

in  the  manner  following,  viz. part  thereof  on  the 

nextenfuing  the  date  of  thefe  prefents,  and  the  re- 
maining fum  of  ,   on  the next  following. 

^Penalty  as  bcfure.']  Inwitnefs,  S;c. 


JFith  a  JSIanager. 

Articles  of  agreement,  bV.  The  faid  Johii  llacket^ 
for  the  confideration  hereinafter  mentioned,  doth  co- 
venant and  agree,  well,  truly  and  faithfully  to  ferve 
the  faid  Johri  Ross,  John  I^'shcr  and  John  Voder,  their 
heirs  and  afligns,  as  their  book-keeper,  overiter  and 
manager,  at  their  furnace  at ,  wherein  he  is  {kill- 
ed, from  the  fftecnrh  day  of  March,  now  next  enfu- 
ing,  for  and  during  the  term  of  one  whole  year  thence 
next  enfuing,  and  fuily  to  be  complete  and  ended,  dur- 
ing \A  hich  term,  he  the  faid  John  Hackct,  (hall  and 
will  be  ready,  at  all  times,  to  render  jull  and  true  ac- 
counts, unto  the  faid  owners,  of  all  ^v•orkJ  matters  and 


6*  A  G  R  E  £  M  E  N  1. 

things,  to  i^e  done  or  performed  at  the  rurji..L.e  cuoic- 
laid  ;  and  Ihall  and  will  deliver  unto  each  of  them,  the 
faid  owners,  their  heirs  and  aliigns,  relpeclively,  at  the 
bank  of  the  furnace  aforefaid,  one  full  and  equal  third 
part  of  all  the  pig-iron  which  fhaU  be  myde  at  the 
furnace  aforefaid,  and  lliail  not  nor  will,  at  any  time 
durin,t^  the  faid  term,  wilfully  negledl  or  depart  from 
the  faid  fervice  or  employment,  nor  do  or  caufe,  or 
willingly  futfer  to  be  done,  an}-  a6l  or  thing  whatfoe- 
ver,  to  the  prejudice  of  the  faid  owners,  then-  heirs  or 
affigns,  in  their  furnace  or  concernments  aforefaid,,  or 
otherwife  howfoever  ;  but  on  the  contrary  fhali  and 
will  demean,  behave  himfelf,  order  and  dirert  al!  work- 
men, fervants,  and  perfons  employed  in  the  furnace 
aforefaid,  to  do  their  work,  fervice  and  duty,  to  the  iit- 
nioft  of  his  (kill,  knowled.2;e  and  ability,  and  for  the 
mofi  profit  and  advantage  of  the  faid  owners.  And  the 
faid  owners,  for  themfelves,  their  heirs  and  afiigns,  do 
covenant  and  agree,  to  and  with  the  faid  Johji  Hacket^ 
his  executors,  adminillrators  and  affis^ns,  by  thefe  pre- 
fents,  in  manner  following,  that  is  to  fay,  well,  truly 
and  f^iithfully  to   pay  unto  him  the  faid  John  Hackct^ 

for  his  fervice  aforefiiid,  the  juft  and  full  fum  of ^, 

over  and  befides  finding  and  providing  for  him,  the 
faid  Johi  Hachet,  fufficient  meat,  drink,  wafliing  and 
lodging,  during  the  faid  term  ;  and  alfo  fliall  and  will, 
at  their  own  proper  colls  and  charges,  fupply  the  faid 
John  Racket^  with  all  things  needful  and  neceffary  for 
carrying  on  the  work  of  the  faid  furnace.  And  for 
true  performance,  i^c> 


Among  Copartners^  to  exercise  but  one  Trade^  ^c 

Articles  of  agreement,  made,  concluded  and  agreed 
upon  this ,  between  Abel  Atkins^  of  — — ,  iron- 
monger ;  Bion  Bell,  of  the  f^me  place.,  ironmonger  ; 


AGREE  M  E  N  T.  65 

and  Charle.^  Cre-iKi^  of ^,  ironmonger,  of  the  one 

part;  'dwd  T/jaina$  Ciew^oi — — ,  gcnilcmun,  of  the 
other  part,  u^  follow  s  ; 

Whereas,  i^y  indenture  tripartite,  bearing  eveB  diite 
herewith,  made  bctu  cen  the  faid  Abel  Atkins^  of  the 
firil  part ;  the  faid  Bion  BcU,  of  the  fecond  part  ;  and 
the  laid  Charles  Crew^  of  the  third  part :  the  laid  <ibcl 
Atkins  and  B'wn  licll^  in  confidcration  of  the  llirn   of 

,  >vhich  the  faid   Charles  Crcvo  therein  covenants 

to  pay  them  at  the  times  and  upon  the  continj^encies 
therein  mentioned,  have  agreed  to  take  and  admit  the 
faid  Charles  Crciv  into  copartnerfliip  with  them  in  the 
joint  trade  or  buiinefs  of  an  ironmonger,  hardware- 
man,  toyman,  mcrchiint,  manufac\nrer,  dealer  and 
chapman,  from  the  —  day  of—  next,  for  and  during 
the  term  of  twenty-one  years,  determinable  at  the  ex- 
piration of  the  firlt  fourteen  years  thereof,  in  manner 
therein  meiitioned  :  And  for  furnilhing  the  faid  joint 
trade  with  a  fufficient  capital,  they  the  faid  parties  did 
thereby  agree  to  bring  in  and  put  together  in  equal 
proportions,  in  money  and  goods  belonging  to  the  fai.'l 

trade,  thcfumor  value  of ,  on  or   before  the  firil 

day  of  January  next,  for  their  fcveral  fnares  and  pro- 
portions of  the  capital  thereof  :  And  it  was  thereby 
(amongll  other  things)  declared  and  agreed.  That  the 
faid  joint  (lock,  and  all  the  profit,  benefit,  and  advan- 
tage  accruing  from  the  faid  joint  trade,  Ihould,  during 
the  continuance  of  the  faid  copartnerfliip,  be  had  and 
received  by  the  faid  partners  in  equal  proportions  . 
And  that  each  of  them  the  faid  partners  aiiii;lu  annually 
take  outof  the  profits  of  the  faid  copartn  jriliip  trade  tlie 

fum  of ,  for  his  own  private  ufc,  as  in  and  by  the 

faid  recited  indenture,  relation  being  thereto  had,  may 
appear:  And  whereas  the  faid  Thomas  Crciv^  having 
agreed  to  ac'.vance  and  lend  his  brother,  the  faid  Char  lea 
Crciv^  the  fum  of ,  part  of  the  money  \\  hich  he 

[  9] 


66  A  G  R  E  E  M  E  N  T» 

hath  agreed  to  bring  into  the  faid  trade,  and  pay  the 
i'Aid  Abel  J tkms  and^ic;zi?£'//asaforefaid,  hath  there- 
fore requefted  the  laid  Abel  Atkins  and  Bion  Belly  that 
they  will,  together  v/ith  the  faid  Charles  Cre%Vy  under- 
take not  to  carry  on  in  copartnerlhip  any  trade  or  bufi- 
nefs  other  than  as  aforefaid  :  And  that  the  neat  efiate 
of  the  faid  copartnerfiiip,  after  difcharging  the  feverai 
debts  owing  by  the  faid  partners  in  refpe«5l  thereof, 

fhall  always  amount  to  the  full  fum  or  value  of ; 

and  likewife  to  \)ennit  JDaiiid  Dew^  of ,  efquire, 

in  behalf  of  the  faid  Thomas  Crew^  to  have  free  accefs 
andrecourfe  at  his  pieafure  tothecounting-houfe,war€- 
houfes,  and  other  places,  wherein  the  faid  copartner- 
fiiip trade  fliall  be  carried  on,  and  to  perufe  the  books 
of  account  relatir.g  thereto,  and  to  infpe6l  into  the. 
fliares  and  circumftances  of  the  faid  copartnerfliip 
trade,  to  which  the  faid  Abel  Atkins  and  Bio/i  Bell,  as 
well  as  the  faid  Charles  Creii},  have  contented  :  And 
the  faid  Charles  Crevo  hath  likewife  agreed  to  leave  in 
the  hands  of  the  faid  Abel  Atkins  and  Bion  Bell,  fo 

much  of  the  annual  fum  of ,  which  he  hath  liber 

ty  to  take  out  of  the  profits  of  the  faid  copartnerlliip 
trade,  as  will  be  fufficient  to  pay  the  intereilof  the  mo- 
ney he  fliall  then  owe  the  faid  Thomas  Crevj,  which 
money  the  faid  Abel  Atkins  and  Bion  i/^// will  accord- 
ingly pay  to  the  faid  Thomas  Crew  :  Now  therefore 
witnefs  thcfe  prefents  :  And  the  faid  Abel  Atkins,  Bion 
Bell,  and  Charles  Crero,  do  hereby  for  themfclves  feve- 
rally  covenant,  promife  and  agree  to  and  with  the  faid 
Thomas  Crew,  his  executors  and  adminiflrators,  in  the 
manner  following,  that  is  to  fay.  That  they  the  faid  A- 
bcl  Atkins,  Bion  Bell,  and  Charles  Crew,  fhall  not  nor 
will  carry  on  in  copartnerlhip  any  trade  or  bufmefs 
other  than  thetrade  or  bnhnefs  of  an  ironmonger,  hard- 
wareman,  toyman,  merchant,  manufa61urer,  dealer  and 
chapman,  without  the  confent  in  writing  of  the  faid 
Thomas  Crcw^  for  that  purpofe  :   And  that  the  clear 


AGREE  M  E  N  T.  67 

aJKl  neat  eftale  and  effccls  of  the  faid  copaitnerlhip  or 
joint  trade,  after  difchurjj;ini;  the  fevcral  debts  owing 
by  the  faid  j)artners  in  refpect  thereof,  fliall  always  a- 

moLint  to  the  full  fum  or  Aalue  of .     iAnd  alfpthat 

they  the  fliid.'/ZW  Aik'nis,  BiouBell^n^  Charles  Crc^cc^ 
iha'll  and  will  from  time  to  time,  during  the  continu- 
ance of  the  laid  copartnerlhip,  permit  and  fufier  the  faid 
Da'uid  Dcu\  on  behalf  of  the  faid  Thomas  Crew,  his 
executors  and  adminiflrators,  to  have  free  ingrefs  and 
rcgrefs,  at  all  fcafonable  times,  into  and  from  the  count- 
ing-houfe,  ware-houfes,  ai^d  other  places,  wherein  the 
faid  copartnerlhip  trade  fliall  be  carried  on,  and  to  ex- 
amine all  and  every  the  books  of  account^  and  to  in- 
fpecl  into  the  circumlhmces  of  the  faid  partnerfhip 
trade,  in  order  to  judge  of  the  Hate  and  proceedings  of 
the  laid  copartnerlhip  trade  :  And  that  he  the  faid 
Charles  Crew  Ihall  and  will  from  time  to  time  permit 
rnd  fuffer  fo  much  and  fuch  part  of  the  faid  annual  fum 

of ,  which  he  is  empowered  to  take  to  liis  own. 

ufe  out  of  the  profits  of  the  f\iid  copartnerfhip  or  joint 
trade  as  afoicfuid,  as  Ihall  be  fufiicient  to  pay  the  inte- 
reft  of  the  money  he  Ihall  then  owe,  the  faid  Thomas 
Crcw^  to  remain  in  tlie  hands  of  the  faid  Abel  Atkins 
and  Jiion  Bell  for  that  purj)ofe,  which  money  they  the 
faid  Abel  Atkins  and  Bion  /jV// Ihall  and  will  Vvcll  and 
truly  pay,  or  caufe  to  be  paid,  unto  the  faid  Thomas 
Crew,  his  executors  or  adminiftrators,  immediately 
after  the  fame  fliall  from  time  to  time  be  fo  leftintheii 
hands  by  the  faid  Charles  Crew  as  aforefaid  :  And  al- 
Jb,  that  he  the  faid  Charles  Crew,  ihall  not  nor  will  at 
any  time  or  times,  fo  long  as  the  faid  fum,  or  any  part 
thereof,  fliall  remain  due  to  the  faid  Thomas  Crew. 
take  and  appro])riate  to  his  own  pri\ate  ufe  out  of  the 
laid  partncrfliip  fiock  or  profits  any  larger  or  greater 

fum  than  the  faid  annual  fum  of ;  nor  fliall  they 

the  faid  Abel  Atkins  and  Bion  Bell  voluntarily  confent 
to  permit  the  faid  Chares  Crew  fo  to  do,  without  the 


68  AGREEMENT. 

leave  and  confent  of  the  MCi  Thomas  Crew,  his  execu- 
tors or  adminiftrators,  in  writing  th  11  had  and  obtained 
for  that  parpoie.     In  vvitnefs,  &c. 


Ben^ecn  Brothers^  for  dhidlng  Money,  ^c. 

Articles  of  a'^reement,  indented,  made,  conchided, 
and  fully  as^reed  upon,  this  -- — -,  between  Abel  AmoSy 

of -,  wea'Der,  of  the  one  part  :  and  Brian  Amos,  of 

the  Jatne  place,  u'^^Ttr,  brother  of  the  laid  Abel  Amos y 
of  the  other  part, 

\Vhereas  Charles  Amos,  deceafed,  late  father  of  the 
faid  Abel  Amos  and  Brian  Ajjios,  parties  to  ihefe  pre- 
fents,  by  his  laft  will  and  teilament  in  writmjj,  bearing 

date  on  or  about  the ,    did,  amongll  other  things, 

>vill  and  diredl,  that —  dollars,   part  of  his  perfonal 

ellate,  lliould  be  laid  out  by  his  executor  thereinafter 
named,  in  fuch  of  the  public  flocks  or  fecurities  as 
ihould  be  dircRed  and  appointed  by  Thomas  Sno%Vy  of 

' -,  esquire  ;  Thomas  Haines,  of ,  gentleman, 

and  Henry  Crosby,  of -,  broker,  histruilees  there- 

Snafter  appointed,  or  by  the  furvivors  or  furvjvor  of 
them,  his  executors  or  adminiftrators  ;  w  hich  ftocks  or 

fecurities  fo  to  be  purchafedwith  the  laid dollars, 

fliould  be  afflfjned  and  transferred  unto  the  joint  names 
of  the  faid  Thomas  Sncw,  Thomas  Haines  and  Htnry 
Crosby,  or  unto  the  name  or  names  of  the  furvivors  or 
furvivor  of  them,  his  executors  or  adminiftrators,  up^ 
on  truft  and  confidence  neverthelcfs,  and  to  the  intent 
and  purpofe  that  they  the  faid  Thomas  Snoiv,  Thomas 
Haines  and  Henry  Crosby,  or  the  furvivors  or  furvivor 
of  them,  or  the  executors  or  sdmnhftrators  of  fuch  fur- 
vivor, during  fo  long  of  the  term  of  the  natural  life  of 
his  M'ife  Catharine  Amos,  as  (he  fliould  continue  his 
widow  and  unmarried,  ihould  pay  and  difpofe  of  ail 


A  G  R  £  E  M  E  N  T.  69 

the  yearly  intercll,  dividentls  and  profits  of  the  faid 
ilocks  and  fecurities  unto  her  his  faid  wife,  or  permit 
the  liime  to  be  received  by  her,  lor  her  own  ufe  :  And 
upon  further  trull,  that  in  cafe  his  faid  wife  Ihould'Con- 
tinue  his  widow  and  unmarried  to  the  time  of  her  de- 
ceafc,  then  immediately  after  her  dcceafe  the  f:ad  trus- 
tees, and  the  farvivois  or  furvivor  of  them,  his  execu- 
tors or  adminillrators,lh.ould  transfer  and  uHii^n  orcaufe 
to  be  transferred  and  ariip;ncd  ail  the  faid  Hocks  and  fe- 
curities  io  to  be  purchafed  with,  or  to  arifefrom  the  faid 

dollars,  and  pay  and  apply  all  the  yearly  dividends, 

intereil  and  profits  thereof,  uiuo,  or  lor  the  l)enefit  of 
fuch  one  or  both  of  his  for.s,  the  aibrefaid  ^/'c/  Amos 
and  Bricm  Awos^  or  of  all  and  every,  or  any  one  or 
more  of  the  child  or  children  of  the  body  or  bodies  of 
his  faid  fons,  or  either  of  them  lawfully  begotten,  or  to 
be  begotten,  at  fucli  time  or  times,  and  in  fuch  man- 
ner, parts,  lliares,  and  proportion.s  to  each  and  every  or 
any  of  them,  as  his  faid  wife  Catbi'mc  Anios^  by  any 
writing  under  her  hand  and  fea!,'  attelled  by  two  or 
more  credible  Avitnelfes,  or  by  her  lail  will  in  writing, 
attelled  as  aforefaid,  ihould  direct,  limit  or  appoint. 
And  for  want  of  fuch  dire61ion,  limitation  or  appoint- 
ment, then  unto  or  equally  Ixtween  his  faid  fons,  if 
then  liring,  or  if  cither  or  both  of  them  fliould  be  then 
dead,  leaving  any  iifue  which  might  furvive  his  faid 
wife,  then  fuch  child  or  children  of  either  of  his  fons  fo 
dying  to  have  their  tarher's  part,  and  in  cafe  either  of 
his  faid  fons  fliould  die  without  leaving  any  ilfue  who 
might  furvive  his  faid  wife,  i\wx\  his  part  or  ihare  to 
go  to  his  furviving  brother,  or  his  iffue  ;  and  appoint- 
ed his  fon  the  faid  Abel  Anios,  folc  executor  of  his 
faid  will,  as  by  the  faid  will  duly  proved  bv  the  faid  ex- 

ecutor  in ,  (rehition  being   tliereto    had',    may  ap- 

pear.  Now  witnefs  thefe  prefents,  that  for  preventing 
all  difputes  and  controveriics  that  may  happen  or  arife 
Isetween  the  faid  Abel  Amos  and  Brian   Amos,  after 


70  AGREEMENT. 

the  deceafe  of  their  mother,  the  nforefaid  Cat  banns- 
Amos^  they  the  faid  Abel  Amos  and  Jirian  Amos,  do. 
hereby  for  themfelves  feverally  and  refpe6livcly,  and 
ibr  their  feveral  and  refpcclivc  heirs,  executoi  s,  and 
adminillrators^Tniitually  and  reciprocally  covenant, pro- 
inife  and  agree,  to  and  with  each  other,  his  execntors, 
adminiftrators  and  afTigns,  that  as  to  for  and  concern- 
ing the  faid  fiim  of dollars,  fo  diretled  to   be  laid 

out  by  the  will  of  their  faid  late  father,  notwithftanding 
any  direction,  limitation,  or  appointment  already  made 
and  executed  tliereof,or  hereafter  to  be  made  or  execut  • 
ed  thereof,  by  their  laid  mother, in  purfuance  of  the  pow- 
er to  her  given  by  the  faid  will,  the  faidfuni  of dol- 
lars, and  the  fecurities  in  which  the  fame  is  or  fliall  be 
Tefled,  (hall  go,  remain,  and  be  applied  to,  and  be  had, 
received,  and  enjcyed  by  fuch  pcj  fon  and  peribns  only 
(and  no  oiher  than)  as  by  the  faid  Mill  of  their  faid  late 
father,  thf  fame  is  given  or  devifed  to,  for  want  or  m 
default  of  any  direction,  limitation,  or  appointment  be- 
ing thereof  made  by  the  faid  Catharine  A?7ws,  his  wife,, 
and  in  the  fame  manner  to  all  intents  and  puipofes,  as 
if  the  faid  Catharine  Amos^  their  mother,  had  never 
made  or  executed  any  fuch  appointment,  or  ihoulddie 
"without  executing  her  faid  power=  And  that  neither 
of  them  the  faid  Abe!  Amos  and  Brian  Amos,  their  ex-, 
ecutors  or  adminiftrators,  fliall  or  will  have,  claim, 
challenge,  or  take  any  benefit  or  advantage  of  or  by 
any  dire6lion,  limitation,  or  appointment  that  fliall  be 

luade  of  the  faid  dollars,   by  their  faid  mother, 

but  the  fame  fliall  be  confidered  as  undifpofed  of  by 
her,  to  a^l  intents  and  purpofes  whatever.  And  that 
as  to  al!  and  fmgnlar  the  goods,  chattels  and  perfonal 
eftates  ofher  the  faid  Catharijie  Amos,  notwithltanding 
imy  bequells  or  difpofition  flie  iliall  or  may  make  there- 
of by  her  lafl  will  and  teflament,  unto  or  in  favor  of 
either  of  them  the  faid  Abel  Amos  c\n(\  Brian  Amas^ 
fuch  will  fo  far  as  it  fliall  concern  either  of  them,  fliall 


A  G  R  E  E  M  E  N  T.  71 

Le  held  of  none  efie^^  ;  and  all  and  every  legacy  and  be- 
qiiclts,  iiun  and  lums  of  money  thereby  given  to  them, 
or  either  of  them  refpeclively,  Ihall  go  and  be  diftribut- 
ed  and  divided  aoeording  to  the  llauite  for  dillribution 
of  intellates  eihues,  in  fueh  and  the  fame  manner  as  if 
llie  the  laid  Catharine  Amos  had  died  without  making 
-i.ny  will  orbequell  thereof  uhatfoever.  In  witncfb,  &.e» 


For  letting  a  House^  ^Sc, 

Agreed  the day  of ,  between  Join  Barnes^ 

of,  ^c.  of  the  one  part,  and  James  Pngb^  of,  bV.  of  the 
other  part,  as  followeth,  viz. 

The  faid  John  Barnes  doth  let  unto  the  faid  James 
Plight  and  he  takes  all  that^  fcPtr.  for  one  year  from  the 
first  day  oi  January  next^  and  for  fuch  longer  time  af- 
er  the  expiration  of  the  faid  one  year,  as  both  the  faid 
parties  fliall  agree,  and  until  the  end  of  three  months 
after  notice  fliall  be  given  by  either  of  the  faid  parties 
to  the  other  of  them  for  leaving  the  faid  premifes,  at 
and  for  the  yearly  rent  of dollars,  to  be  paid  quar- 
terly on  the  tirit  Mondays  in  April,  July,  Otlober  and 
January,  by  even  and  equal  portions,  which  faid 
\carly  rent  the  laid  James  Piigh  duth  hereby  for  him- 
felf,  his  executors  aiKJ  adminiilratcrs,  covenant  and  a- 
'^ree  to  pay  the  faid  John  Barnes  [^if freehold  say"]  and 
his  heirs,  \_but  ij  otherviise  say'\  executors,  adminiftra- 
tors  and  alligns,  accordingly,  for  fo  long  time  a5  he 
ihall  hold  and  enjoy  the  faid  premifes  as  aforefaid,  and 
until  the  end  of  the  faid  three  months  next  after  notice 
Ihall  be  given  by  either  of  the  faid  parties,  to  the  other 
of  them,  for  leaving  the  faid  premifes  as  aforefaid.  In 
^ituefs,  t*V, 


72  A  G  R  E  E  M  E  N  T. 


For  the  purchase  of  Cord-vooocl^    cTj. 

It  is  agreed  and  concluded  upon  b)'  and  betvcen  the 
faid  parties  hereunto,  and  the  laid  Thomas  Stiles  hath 
bargained  and  fold,  and  by  thefe  prefents  doth,  ^c.  un- 
to  the  i-<i\(l  Michael'Daives,  all  the  cordwood  that  Ihalt 
arile  from  certain  trees  and  parcels  of  trees,  now  groNv- 
ing  and  (landing  on  a  certain  piece  or  parcel  of  rough 
ground,  fituate,  ^c.  that  he  lliall  think  fit  to  fell,  after 

the  rate  of per  cord,  each  cord  to  be  in  meafure 

according  to  the  ufaal  meafure  of  cord-wood. 

And  the  faid  Thomas  Stiles  ^oy  himfelf,  his  heirs, 
executors,  and  adminiftrators,  doth  covenant  and  pro- 
mife  to  and  with  the  fold  Michael  Dawes^  his  execu- 
tors, adminiflrators,  and  affigns,  in  form  following,  viz. 
That  he  the  faid  Thomas  Stiles,  his  ^c.  at  his  or  their 
own  proper  cofts  and  charges,  ihail  and  wiilllock  up 
all  and  luch  of  the  laid  parcel  of  trees  as  he  or  they 
ITiall  think  fit  to  convert  into  cordwood  as  aforefaid. 
And  alfo,  fliall  and  w  ill  permit  and  fuffer  the  faid  il//- 
chael  Daives^  his  executors  or  ailigns,  at  his  or  their 
own  coil  and  charges,  as  well  to  cut  and  convert  the 
faid  cordwood  into  charcoal,  at  the  lower  end  of  the 
faid  piece  of  i2;round  called  the  GUI  Lot ^  whereon  the 
faid  trees,  or  the  greateft  part  of  them,  now  Hand  ;  and 
alfo  to  take  the  turf  dull  and  earth,  from  off  the  pre- 
mlfes  of  the  faid  piece  of  ground,  and  not  elfewhere, 
with  fi-ee  liberty  of  carrying  away  the  fame  wood,  fo 
converted  into  charcoal,  from  off  the  faid  premifes,  the 
mofl  convenient  way  leading  to  the  road  that  leads  to 

aforelaid.      And  xhQ  {^\d.^  Michael  Daivcs^  doth 

hereby  for  himfelf,  his  executors  or  adminiilrators, 
covenant  and  promifc  to  and  with  the  faid  Thomas  Stiles^ 
his  heirs,  and  alTigns,  that  he  the  faid  Michael  Dawes, 
his  executors  or  adminiRrators,  fliall  and  will  well  and 
trulv  pay,  or  caufe  to  be  '.nid,  <:he  full  and  entire  fum 


AGREE  MENT. 


/o 


of  money  that  the  laid  cordwood,  fo  rated  as  aforefaid, 
ihail  amount  uato,  to  the  laid  Thomas  Stiles^  liis  ex- 
ecutors  or  aillf^ns,  ut  or  upon   the  ~-  day  ot" 

iiextenfuing  the  date  of  thcfe  prefents.  Lailly,  it  is 
fuHy  cviiicluded  and  agreed  by  both  tlie  laid  parties, 
that  in  cafe  any  ditlerence  Ihall  luippen  toarife  in  mea- 
furing  the  laid  cordwood,  the  fame  Ihall  be  referred  to 

irUliam  Pure^  of ,  to  dcierniine  and  finally  com- 

pole  the  fame.      In  witnefs,  &c. 


jrith  a  Jifill-wrigbt-, 

Articles,  &c.  Thefaid  Boijamin  Doc'^m  coniidera- 
tion  of  the  monthly  fum  of  — - — -,  and  other  the  confi- 
derations  herein  after  mentioned  to  be  paid  and  allow- 
ed to  him  by  the  laid  Daniel  Duncan  as  hereinafter  is 
in  that  behalf  mentioned  and  exprelled)  doth  hereby 
covenant  and  agree  to  and  with  the  faid  Daniel  Dun- 
can^ in  manner  as  follows,  to  wit : 

That  he  the  faid  Benjamin  Doe,  from  the  day  of  the 

date  hereof,  for  and  during  the  full  term  of years> 

if  they  the  laid  Daniel  Dan-can  and  Benjaviin  Dec  QkiII 
both  fo  long  live,  iliall  and  will  (at  the  now  dwelling- 
houfe  of  him  the  faid  Daniel  Duncan,  lituate,  &c.  or 
at  fuch  other  place  or  places,  if  by  him  the  faid 
Daniel  Duncan,  froiti  time  to  time  fo  required,  order- 
ed and  dire6\cd)  work  as  a  journeyman,  and  well  and 
truly  and  faithfully  ferve  him  the  faid  Daniel  Duncan, 
in  the  bnfmefs  of  a  mill-wright,  carpenter,  joiner,  tur- 
ner, and  in  all  fuch  other  arts,  myfteries,  and  work,  tis 
he  the  faid  Benjamin  Doe  now  is  or  fliall  be  any  wavs 
capable  of  doing  or  performing,  during  the  term  afore- 
faid, and  that  according  to  the  bell  of  his  the  faid  Beji- 
janiin  Doc'^s  ability,  knowledge,  and  judgment  there- 
in ;  and  that  he  the  faid  Benjamin,  Doe  during-  the  con. 

r  10] 


74  AGREE  i\I  E  N  T. 

tinuance  of  the  faid  term,  fliall  3^early  work  and  per- 
form the  trade  or  bufinefs  aforefaid  for  him  the  faid 
JJaniel  Duncan^  inmdnwtr  as  kAlows^  viz.  From  the 
twenty-fifth  day  of  March  to  the  twenty-ninth  day  of 
September,  from  the  hours  of  fix  in  the  morning  to  fix 
in  the  evening,  and  from  the  tw  enty-ninth  of  Septem- 
ber to  the  twenty-fifth  of  March,  from  day  Hght  to  day- 
light, and  that  daily,  (fickncfs,  Sundays,  fix  days  at 
Chriftmas,  one  at  Whitfuntide,  one  at  Eafi.er,  the 
Fourth  day  of  July,  and  fuch  days  as  he  may  be  laM  ful- 
ly required  to  muiler  as  a  militia  man,  and  ufual  hours 
of  breakfall  and  dinner,  only  allowed,  and  excepted  :) 
And  further,  that  he  the  faid  Benjamin  Doe^  during 
the  term  aforefaid,  fliall  not  at  any  time  abfent  himfelf 
from  fuch  fervice  of  the  faid  Daniel  Dime  an  ^  nor  Mork, 
do  or  perform  any  part  of  the  faid  trade  or  bufinefs 
aforefaid,  for  the  ufe  or  benefit  of  any  other  perfon  or 
perfons  whomfoever,  uidiout  the  confent  of  him  the 
laid  Daniel  Duncan^  firft  had  in  writing  for  that  pur- 
pofco 


For  Sailors  to  sail  in  a  Ship^  ^c. 

Know  all  men  by  thefe  prefents,  That  we  who  havfe 
fubfcribed  our  names,  or  made  our  marks,  and  fet  our 
feals  hereunto,  do  feverally,  but  not  jointly,  nor  on'e 
for  the  other,  declare  and  agree  we  have  feverally  fliip- 
ped  ourfelves  on  board  the  faid  sbip  Dauphin^  captain 
NoahSommers^  commander,  now  in  the  river  Dela- 
'ware,  and  bound  for  Demarara,  and  from  thence  to 
Portsmouth^  and  back  to  Philadelphia,  at  and  for  the 
feveral  wages  mentioned  herein,  and  inferted  againfl 
our  feveral  rsames  hereunder  fubfcribed  ;  and  we  do  fe- 
verally, but  not  jointly,  nor  one  for  the  other,  agree, 
that  fuch  of  us  as  fliall  depart  from  and  leave  the  faid 
ship  during  her  faid  intended  voyage,  and  fliall  not  per- 


AGREEMENT,  7$ 

ibrm  the  fame,  (inevitable  accidents  excepted,)  our  ex- 
ecutors, adminiftrutois,  and  uilij^ns,  Ihall  not,  nor  will 
be  entitled  to,  nor  w  ill  have  or  claim  any  wages  or  pay- 
that  may  arife  or  become  due  to  luch  of  us  as  fhall  fo 
leave  or  depart  from,  the  laid  Ih.ip  during  her  whole 
voyage,  under  the  command  of  the  faid  mailer  or  his 
fuccellbrs,  or  the  fervice  of  the  owner  or  owners  there- 
of, but  that  in  fuch  cafe  the  wages  of  fuch  of  us  as  (liall 
defert  from  or  leave  the  laid  ihip,  fliall  be  abfolutely 
loft  and  forfeited  by  virtue  of  thefe  prefents.  In  wit- 
nefs,  &c. 

Another. 

We  who  have  hereunto  fet  our  hands  and  feals,  be- 
ing hired  as  mariners  to  ferve  on  board  the  Ihip  Monky 

burthen    tons,   whereof   K'llian   Handspike  is 

mailer,  in  her  intended  voyage  to  Lherpool^  do  hereby 
feverally,  in  confideration  of  our  wages  to  grow  due  to 
us  refpcQively,  covenant  and  agree  to  and  with  the 
faid  Kdian  Handspike^  that  each  of  us  reipe6lively  will 
ferve  on  board,  and  continue  in  and  with  the  faid  fliip 
during-  her  faid  intended  voyao;e,  and  until  her  return 
and  difcharge  therefrom  into  the  port  of  AVw- For ^',  or 
to  fome  other  port  of  delivery,  without  departing  from 
or  leaving  the  faid  (hip  or  the  fervice  thereof,u.nder  the 
penalty  to  forfeit  and  lofe  our  refpe^livc  wages  to  s:ro\v 
due  for  our  fervice  in  the  laid  Ihip,  by  virtue  of  thefe 
prefents,  which  in  fuch  cafe  lliall  be  pleaded  and  allow- 
ed as  a  bar  and  difcharge  of,  for,  and  from  the  wages' 
pavable,  or  to  become  due  to  fuch  of  us  as  lliall  de- 
oM'f  r,nnT  or  leave  the  fiiip  as  aforefaid. 


76  A  G  R  E  E  M  E  N  T. 


JBetween  a- Master  and  a  Journeyman  or  hired Seriiant. 

Articles  of  agreement  indented,  ^^'c.  bttwceli.  JViU 
Ham  So  Lilt,  of  the  one  part,  and.  IViUiam  Man^  of  the 
other  part,  as  foiloweth,  that  ib  to -fay  : 

The  fi\id  TVm.  Man,  for  the  eonfideration  hereunder 
mentioned,  doth  covenant,  proniife  and  agree,  to  and 
v/ith  the  faid  IVm.  Sotdt,  his  executors,  adminiftrators 
and  alTigns,  by  thefe  prefents,  in  manner  follo\ving, 
that  !s  to  {liv,^ That  he  the  faid  JFm.  Man,  Pr.all  and 
will  become  fervant  unto  and  diligently  ferve,  abide 
and  continue  uith  the  faid  IVvi.  Soult  his  executors, 
adminiflrators  and  afiigns,  from  the  date  of  thefe  pre- 
fents, for  and  during  and  unto  the  full  end  and  term  of 

» years  now  next  enfuino-,  as  his  and  their  covenant 

fervant,  and  diligently  and  faithfully,  according  to  the 
beft  and  utmoft  of  his  power,  ikill  and  knowledge,  ex- 
ereifeand  employ  himfelf  in,  and  fliall  and  will  during 
the  faid  term,  do  and  perform  all  fuch  fervice  and  bu- 
fmefs  whatfoever,  as  well  relating  to  the  trade  afurefiiid 
which  the  faid  JVm.  Soult  now  ufeth,  as  in  and  about 
any  other  bufuiefs,  matter  and  thing  whatfoever,  as  the 
faid  Wm.  Soult  fliall  from  time  to  time  .order,  direct 
and  appoint,  to  and  for  the  moll  profit  and  advantage 
of  the  faid  JVm.  Soult,  that  he  can  ;  and  fnall  and  will 
keep  the  fecrets  of  the  faid  Wm.  .So z//r,  relating  to  the 
faid  trade  and  buhncfs  ;  and  likewife  be  jidt,  true 
and  faithful  to  the  faid  JVm.  Soult,  in  all  matters  and 
things,  and  no  ways  wrongfully  detain,  embezzle  or 
purloin  anv  monies, goods  or  things  \\hatfoever  belong- 
ing to  the  faid  IJ^m.  Soult,  and  alfo  (ball  and  \\\\\  keep 
jnft,  true,  and  faithful  accounts  in  the  books  of  the  faid 
IVm.  Soult,  of  all  the  goods  bought  and  fold,  monies 
received  and  pciid,  and  of  all  other  things  whatfoever 
relating  to  the  bufmefs  of  the  faid  JFm.  Soult,  as  fhall 
t:oixie  to  be  committed  to  his  care,  management  or  dif- 


AG  RE  EMEN  T.  77 

pofal ;  and  from  time  to  time  pay  all  monies  m  hich  he 
ihall  receive  of  or  bclont2;ing  lo  or  by  the  order  of  the 
iaid  //w.  6'oz/// into  his  hands,  and  make  and  gi\c  up 
true  and  fair  ac^.counts  of  all  liis  a6lings  and  doings 
whatfoever  in  his  faid  employment  w  ithout  fraud  or 
delay,  when  and  as  often  ai  he  Ihall  be  thereto  requir- 
ed. And  in  conhderation  of  the  premifes,  and  of  the 
I'everal  matters  and  things  by  the  faid  /At??.  J/uW,  to  be 
performed  as  aforefaid,  the  faid  iriii,  Soult  doth  for 
himfelf,  his  executors  and  adminiltrators  covenant  and 
agree  to  and  with  the  faid  IFni.  Mmi,  by  thefe  prefents, 
that  he  the  faid  JFm.  Suult^  his  executors  and  admin- 
iftrators,  (hall  and  will  find  and  provide  unto  and  for 
the  faid  fP^m.  Man,  in  his  dvelling-houfe,  meat,  drint, 
wadiing  and  lodging ;  and  alfo  v.-ell  and  truly  pay  nr 
caufe  to  be  paid  unto  the  faid  IV 771.  Man.  his  execu- 
tors o\  afligns,    the  fum  or  falary  of dollars  per 

annum,  for  the  firft years,~£s?c.  by  equal  quarter- 
ly payments  ;  and  ihall  and  will  allow  the  faid  JFnj. 
Mon,  fuch  reafonable  expenfes  in  and  about  the  bufi- 
nefs  aforefaid,  as  he  the  faid  JFm.  Soiilt  fh'al!  think  fit ; 
and  the  faid  parties  do  mutually  covenant  and  agree  to 
and  with  the  other,  viz.  That  if  the  faid.//'';w.  Soult 
Ihall  not  be  willing  to  continue  the  faid  IFm.  Man  ii\ 

his  fervice  after  the  expiration  of  the  faid years» 

or  if  the  faid  JFm.  Mtni'^  fiiall  not  be  wiliirig  to  ferve 
and  continue  M'ith  the  faid  /Fm,  Soti/t,  after  the  expi- 
ration of  the  faid years,  in  either  of  the  faid  cafes, 

the  faid  parties  lliall  and  will  give  t/jrcc  months  notice 
of  fnch  their  minds  and  intention  befo«:  the  expiration 
of  the  faid  term.     \^Pcnalty 'as  bcjore.'^     In  witntfs, 


^8  AGREEMENT. 

For   engaging  a  Person  to  rebuild  Mills^  at  certain 
iveekly,  IFages. 

Articles  of  agreement  indented,  ^c.  between  Eli 

Bern- on .>  of ,   Cyrus  Donne^  of — ,    and  EUhu 

JFox ,  of ,  of  the  one  pmt ;    and  George  Iloax^   of 

. ,  of  the  other  part. 

Fiift.  The  liiid  George  Hoax,  for  the  confiderations 
Iiereinaiter  mentioned  and  txprelfed,  doth  covenant, 
promifc  and  aj^-ree,  to  and  with  the  faid  JLli  Benson^ 
Cyrus  Doane  and  Elihu  Fux^  and  each  and  every  of 
them,  their,  and  each  and  every  of  their  executors,  ad- 
miniitrators  and  afiigns,  that  he  the  faid  George  Hoax^ 

iliail,  on  or  before  the next  enfuing  the  day  of  the 

date  of  thefe  prefents,  ,^o  to  Milhrstoivn,  and  there  in 
a  e^ood  and  workmanlike  manner,  according  to  the 
beftof  his  art  and  fkill,  by  and  with  the  dire(?tions  of 
the  faid  Eli  Benson^  Cyrus  Doane^  and  Elihu  Fox,  or 
one  of  them,  well  and  fufficiently  rebuild,  or  caufe 
to  be  rebuilt,  the  mills  of  ^c.  with  fuch  materials  and 
workmen  to  be  employed  under  him,  as  they  the  faid 
Eli  Benson,  Cyrus  Doane^  and  Elihu  Fox,  or  any  of 
them,  their,  or  any  of  their  executors,  adminiftrators  or 
afiigns,  lliall  find,  appoint,  and  provide,  for  the  fame. 

In  confideration  whereof,  they  the  faid  Eli  Benson, 
Cyrus  Doane  and  Elihu  Fox,  do  hereby  for  them- 
felves,  .their  and  every  of  their  heirs,  executors  and.ad- 
miniftrators,  covenant,  promife,  and  agree,  to  and  with 
the  faid  George  Hoax,  well  and  truly  to  pay,  or  caufe  to 
be  paid  to  the  faid  George  Hoax,  his  executors,  admi- 
niRrators  or  affit^ns,  for  all  fuch  time  as  he  fhall  be  em- 
ployed by  them  the  faid  Eli  Benson,  Cyrus  Doane  iind 
Elibu  ■  Fox.  or  ?iuy  of  them,  in  rebuilding  the  mills- 
aforefaid,  weekly  and  every  week,  the  wages  of  wme- 
dollars  a  week,  and  i^o  in  proportion  for  a  lefs  time  than 


AGREEMENT,  79 

a  'U*€ek,  to  be  paid  to  liim  the  fa'ul  George  Iloax^ 
by  the  faid  lili  Benson^  Cyrus  Doane^  and  7l//- 
hu  FoXy  Ibnie  or  one  of  them,  at  Afil/erstown. 
And  alio,  that  they  the  faid  Fii  Boison^  Cyjiis 
Doaue  and  Elihu  Fox^  fome  or  one  of  them  Ihall 
ml  will  pay,  or  caufc  to  be  paid,  to  the  faid  George 
lloax^  over  and  above  the  wages  aforefaid,  the  fum  of 

dollars,  for  his  expcnfes  in  going  to  and  returning 

from  the  faid  mills  at  Mil/erstowji.  And  laftly,  the 
laid  George  Hoax^  doth  covenant,  promife  and  agree, 
to  and  with  the  faid  Eli  Benson^  Cyrus  Doane^  and  Eli- 
hu  Fux^  their  executors,  adminiftrators  and  afligns, 
and  every  of  them,  by  thefe  prefents,  that  he  the  laid 
George  Hoax^  fhall  not  abfent  himfelf  nor  depart  from 
the  work  and  rebuilding  aforefaid,  without  leave  in 
writing,  firll  had  and  obtained  from  the  faid  llli  Ben- 
son^ Cyrus  Doane  and  Elihu  7'ox,  fome  or  one  of  them, 
for  the  doing  thereof,  on  pain  of  forfeiting  for  every 
day  of  fuch  abfence  the  fum  of dollars,  to  be  Hop- 
ped and  dedu6\ed  by  the  faid  Eli  Benson^  Cyrus  Doane 
md  Elihu  Fox^  fome  or  one  of  them,  their,  fome  or 
one  of  their  executors,  adminiftrators  or  afligns,  out  of 
the  wages  aforefaid.    In  witnefs,  bV. 

For  performing  BricMayers  and  Plasterers  ivork  in 
building  a  House, 

Agreed  bV.  between  /hnos  Kent^  of,  bV.  of  the  one 
part,  and  IVin  Bar^  of,  £;'<:.  of  the  other  part,  as  follow- 
eth,  that  is  to  fay  : 

The  faid  iVin  Bar^  for  the  confiderations  hereunder 
mentioned,  doth,  for  himfelf,  his  executors  and  admin- 
ilh'ators,  covenant,  promife  and  agree,  to  and  with  the 
faid  Amos  Kent^  his  executors,  adminiftrators  and  as- 
figns,  as  followeth,  that  is  to  fay  :  That  he  the  faid 
IP^in  Bar^  his  executors,  adminiftrators,  workmen  or 


80.  AGREEMENT. 

aiTigns,  ui  fuiTicient  and  workmanlike  manner  at  ina 
and  their  own  charges,  with  the  materials  to  be  for  that 
parpoie  provided  b}^  the  laid  Amos  Kent,  Ihall  andwill 
do  and  perform,  ail  the  work  and  workmanlhip  belong- 
ing to  the  bricklayer  and  plallerer,  in  and  about  the 
creeling  and  building  of  one  good  and  fubilantial  new 
meftliageor  tenement,  in  the  room  and  place  whereon 
lateiy  Hood  a  certain  meiruage  or  tenement  belonging 
to  the  iaid  4>JiQS  Kcnt^  late  in  the  occupation  o^ Isaac 
Lee,  fituate  in  Lancaster,  and  will  build  the  fame  in 
fuch  manner,  and  fuch  thicknefs  of  walls,  height  or 
ilories,  and  fuch  and  io  many  lights,  chimnies  and  con- 
veniences, and  in  fuch  manner,  and  will  do  and  per- 
form fuch  ornamental  work  about  the  faid  building  as 
the  faid  Amos  Kent,  his  executors  or  aligns  Ihall  or- 
der and  direct ;  and  that  he  the  faid  tljn  Bar,  will  ufe 
his  utmolt  care  in  working  up  the  faid  Amos  Kenfs  ma- 
terials for  the  faid  building  to  the  moil  advantage,  and. 
will  alfo  pay  and  difchargeailhisfaid  workmen  \0  be  em  . 
ployed  in  and  about  the  fame;  and  will  completely  finiih 
all  the  faid  work  and  workmanfliip  belonging  to  the 
bricklayer  and  plallerer  for  building  the  faid  intended 

meliLiage,  on  or  before  the next  ^nfuing  the  date 

hereof:  In  confideration  of  which  faid  works  fo  to  be 
done  and  performed  as  aforefaid,  he  the  fi«d  Amos 
Kent  for  himfelf,  his  executors,  adminiilrators  and  as- 
figns,  doth  covenant,  promife  and  agree,  to  and  with 
the  faid  IF'in  Bar,  his  executors,  adminiilrators  and 
aHigns,  by  thefe  prefents,  that  he  the  {-ahiXAmos  Kent, 
his  executors,  adminiilrators  and  aliigns,  Ihall  and  will 
well  and  truly  pay  qr  caufe  to  be  paid  unto  the  faid 
Win  Bar,  his  executors,  adminiilrators  and  aiTigns, 
for  all  fuch  work  which  ihall  be  by  him  and  them 
done  and  performed  in  and  about  the  faid  buikling, 
ornamental  work  excepted,  at  and   after   the  rate   of 

per  yard,   for    every  yard  which   the  faid  work 

fliall  meafure,  accounting  three  feet  fcjuare  for  every 


A  G  R  E  E  M  E  N  T.  81 

yard,  and in  full  for  all  the  faid  ornamental  work 

ib  to  be  done  and  peri'oinied  as  aforelaid,  and  will  pay 
?^11  the  faid  money  in  manner  following,  viz. 
In  witnefs,  £vV. 


Articles  ofCG-partnefslAp^  hetnoeen  nvo  Tradcsiiien, 

Articles  of  agreement,  fi'c.  Firft  of  all  the  faid 
Abel  Broivn  and  Peter  Moor  have  agreed,  and  by  thcfe 
prefents  do  agree  to  become  co- partners  together  in  the 
art  or  trade  o{ painting,  and  all  things  thereto  belong- 
ing, and  alfo  in  buying,  felling,  vending  and  retailing 
all  forts  of  wares,  goods  and  commodities  belong- 
ing to  the  faid  trade  o[painti?ig  ;    which  faid  co-part- 

ncrlliip  it  is  agreed  (liail  continue  from ,  for  and 

during,  and  unto  the  full  end  and  term  of  ten  years, 
from  thence  next  enfuing,  and  fully  to  be  complete  and 
ended.  And  to  that  end  and  purpofe  he  the  faid  .-Ibel 
Brown,  hath  tlie  day  of  the  date  of  thefe  prefents  deli- 
vered in  as  llock,  the  fum  of ,  and  the  faid  Peter 

Moor,  the  fum  of ,  to  be  \)'iC(\^  laid  out,   and  em- 

pio3'ed  in  common  between  them,  for  the  management 
of  the  faid  trade  iy^ painting,  to  their  utmoll  benefit  and 
advantage.  And  it  is  hereby  agreed  between  the  faid 
parties,  and  the  fiid  co-partners  each  for  himfelf  re- 
fpedilively,  and  for  his  own  particular  part,  and  for  his 
refpeclive  executors  and  adminifb-ators,  doth  co-- 
vcnant,  promife  and  agree  each  with  the  other  of  them, 
his  refpedive  executors  and  adminiftrators,  by  thefe 
prefents,  in  manner  and  form  following,  that  is  to  lay  : 

That  they  tlie  faid  co-partners  ftiall  not,  nor  will  at 
nny  time  hereafter,  ufe,  exercife  or  follow  the  trade  of 
painting  aforefaid,  or  any  other  trade  whalfoever,  dur- 
ing the  faid  term,  tothcirprlvatc  benefit  and  advantage  ; 
but  (hall  and  will,  from  time  to  time,  and  at  all  times 

[  11] 


82  AGREEMENT. 

dviring  the  faicl  term,  (if  they  fliall  fo  long  live,)  do 
their,  and  each  of  their  bell  and  utmoll  endeavors,  in 
and  by  all  nieans  poffible  to  the  utmoll  of  their  ikiil 
and  povrer,  for  their  joint  interell,  profit,  benefit  and 
advantage  :  and  truly  employ,  buy,  fell  and  merchan- 
dife  with  the  llock  as  aforefaid,  and  the  increafe  there- 
of in  the  trade  of  painting  aforefaid,  without  any  iin- 
iiler  intentions  or  fraudulent  endeavors  whatfoever. 
And  alfo,  that  they  the  faid  co-partners  fliall  and  will, 
from  time  to  time,  and  at  ail  tmies  hereafter  during  the 
faid  term,  pay,  bear  and  difcharge  equally  between 
them  the  rent  of  the  fliop,  which  they  the  faid  co-part- 
ners (liall  rent  or  hire  for  the  joint  exerciling  or  mana- 
ging the  trade  aforefaid.  And  that  all  fuch  gain,  pro- 
fit and  increafe,  that  Ihail  come,  grow  or  arife,  for  or 
by  reafon  of  the  faid  trade  or  joint  buiinefs  as  aforefaid. 
fliall  be  from  time  to  time  during  the  faid  term,  equal- 
ly and  proportionably  divided  between  them  the  faid 
co-partners,  Ihare  and  fliare  like.  And  alfo,  that  all 
fuch  loffes  as  fliall  happen  in  the  faid  joint  trade,  by 
bad  debts,  ill  commodities  or  otherwife,  without  fraud 
or  covin,  fliall  be  paid  and  borne  equally  and  propor 
tionably  between  them.  And  further,  it  is  agreed  by 
and  between  the  faid  co-partners,  that  there  fliall  be  had 
and  kept  from  time  to  time,  and  at  all  times  during  the 
faid  term  and  joint  bufinefs  and  co-partnerfliip  toge- 
ther as  aforefaid,  i)erfe6l,  jult  and  true  books  of  ac- 
counts, Vv'herein  each  of  the  faid  co-partners  fliall  duly 
enter  and  fet  down,  as  well  all  money  by  him  received, 
paid,  expended  and  laid  out,  in  and  about  the  manage- 
ment of  the  faid  trade,  as  alfo  all  wares,  goods,  com- 
modities and  merchandifes  by  them,  or  either  of  them, 
bought  and  fold  by  reafon  or  means,  or  upon  account 
of  the  faid  co-])artnerniip,  and  all  other  matters  and 
things  whatfoever  to  the  faid  joint  trade,  and  the  man- 
agement thereof  in  any  wife  belonging  or  appertaining, 
which  faid  books  fliall  be  ufed  in  common  between  the 


AGREEMENT.  8i 

faid  co-partners,  fo  that  cither  of  them  may  have  free 
accefs  thereto  without  any  interruption  of  the  other. 
And  alfo,  that  they  the  faid  co-partners  once  in  three 
months,  or  oftner  if  need  Ihall  require,  upon  th^  rca- 
fonablc  rcquell:  of  one  of  tliem,  Ihall  make,  yield  and 
render,  each  to  the  other,  or  to  the  executors  and  j^- 
minillrators  of  each  other,  a  true,  juft,  and  perfect  ac- 
count of  all  profits  and  increafe,  by  them,  or  either  of 
them  m:ule,  and  of  all  lollcs  by  thera  or  cither  of  them 
fultained,  and  alfo  of  ail  payments,  receipts,  dilburfe- 
ments,  and  all  other  thiui^s  whatloevcr,  by  tliem  made, 
received,  difburfed,  a^led,  done  or  fuffered  in  the  faid 
co-partnerlhip,  and  joint  bufmefs  as  aforefaid  ;  an.d  the 
fame  account  lb  made,  ihall  and  will  clear,  adjull,  pay 
and  deliver  each  unto  the  other  at  the  time  of  making 
fuch  account,  their  equal  (hares  of  the  profits  fo  made 
as  aforefaid  :  And  at  the  tnd  of  the  faid  term  of  ten 
years,  or  other  fooner  determination  of  thefe  prefents 
(be  it  by  the  death  of  one  of  the  faid  partners  or  other- 
wife)  they  the  laid  co-partners,  each  to  the  other,  or  in 
cafe  of  the  death  of  either  of  them  the  furviving  party, 
to  the  executors  or  adminiflrators  of  the  party  deceaf- 
ed,  flvall  and  will  make  a  true,  juft  and  final  account  of 
all  things  as  aforefaid,  and  divide  the  profits,  aforelaid, 
and  in  all  things  well  and  truly  adjuft  the  fame,  and 
that  alfo  upon  the  making  of  fuch  final  account,  all  and 
every  the  ftock  and  ilocks,  as  well  as  the  gains  and  in- 
creafe thereof,  which  (hall  appear  to  be  remaining, 
whether  conhlting  of  mjoney,  wares,  dei>ts,  &c.  (hall 
be  equally  parted  and  divided  between  them,  the  faid: 
co-partners,  their  executors  or  adminiflrators,  fliare 
and  fliare  alike. 
Liwitnefs,  Sec, 


U  AGREE  M  £  N  1^: 


Articles  cf  Marriage. 

Articles  of  agreement  of  three  parts  indented,  made, 
i^c.  between  Abel  Bcek,  of  — — ,  of  the  firll  part,  Es- 
ther Dos,  of daughter  of,  ^c.  of  the  fecond  part, 

and  Charles  Doe,  of  — — ,  and  Enoch  Fcsset,  of , 

of  the  third  part,  as  folio weth  : 

Whereas  the  faid  Esther  Doe  is  fei^ed  to  her,  and 
to  her  heirs  in  fee  fimple,  of  and  in  certain  lands,  mes- 
fuages  or  teiiements,  with  their  appurtenances,  lituate, 
]3ing  and  being,  ^c.  And  whereas  a  marriage  is  Ihort- 
ly  intended  to  be  had  and  folemnized  between  the  laid 
Abel  Beck  and  Esther  Doe,   with  whom  the  fiiid  Abel 

Beck  is    to    have  and  receive dollars  in  money, 

over  and  befides  the  lands,  feV.  above  mentioned,  as 
iind  for  her  marriage  portion  ;  it  is  therefore  covenant- 
ed and  agreed  by  and  between  the  faid  parties  to  thefe 
prefentSj  in  manner  and  form  Ibllowing,  that  is  to  ftiy  : 

Firft,  the  faid  Abel  Beck  for  himfelf,  his  heirs,  exe- 
cutors and  adminiftrators,  doth  covenant  and  agfee  to 
and  with  the  iliid  Charles  Doe  and  Enoch  Fessct,  their 
heirs  and  aifigns,  that  they  the  faid  Abel  Beck  and  Est. 
her  Dee,  his"  intended  wife,  in  cafe  the  faid  intended 
inarriage  fhall  be  had  and  folemnized,  by  ibme  good 
and  fufficient  conveyance  or  conveyances  in  the  law, 
fliall  fetde  and  allure  all  thofe  lands,  mefTuages  or  ten- 
ements, with  the  appurtenances  whereof  fhe  the  faid 
Esther  Doe  is  feized  as  aforciaid,  on  and  to  the  laid 
Charles  Doe  and  Enoch  Fesset,  to  the  ufe  and  behoof 
of  the  laid  Abel  Beck,  and  his  aifigns,  during  the  term 
of  his  natural  life;  and  from  and  after  the  deceafe  of  the 
h\(\  Abel  Beck,  then  to  the  uic  and  behoof  of  the  faid 
Esther  Doe,  his  faid  intended  wife,  for  and  during  the 
term  of  her  natural  life  ;  and  from  and  after  her  de- 
ceafe, then,  to  the  ufe  and  behoof  of  the  heirs  of  the; 


A  G  K  i:  E  M  E  N  T.  85 

body  of  the  laid  Esther  Doc,  by  the  faid  Jbd  Bcck^ 
lawl'ully  to  be  begotten  ;  and  for  the  dciault  of'iueh  is- 
fue,  then  to  the  ule  and  beiiooiorthe  laid  Enthcr  Doe^ 
her  heirs  and  alhgns,  for  ever,  and  to  and  for  lio  other 
life,  intent  or  pur[.oie  whatfoever. 

And  whereas  the  laid  Eatbe)'  Doc,  is  alfo  pofrcfTcd 
of  or  interelled  in,  for  the  remainder  of  a  temi  uf  nine- 
t)  -nine  years  ;,if  ilie  flialifo  long  livejall  that  melfuage 
or  tenement,  wiih  the  appurienances,  lituale,  <i/c.  by 
virtue  of  a  eertain  iadentuie  of  Icafe  thereof  granted  to 

the  laid  Esther  Doe,  by  Lenox  JSIoony,  of  . .   Now 

the  faid  Abd  Bcck,  for  himfcif,  his  heirs,  executors 
and  adniinillrators,  doth  further  covenant,  grant  and 
agree,  to  and  vith  the  faid  Charles  Doc,  aiid  Enoch 
i*Vio6'if,  their  heirs  and  aHigns,  that  they  the  faid..#c7 
Bcck^  and  Esther  Doe^  his  faid  intended  wife,  (in  cafe 
the  faid  marriage  P.iail  take  efte6l)  iliall  and  will, by  like 
good  and  fufficient  conveyances  in  the  law,  fettle  and 
allure  the  faid  melfuage  or  tenement,  w  ith  the  appur- 
tenances, in  fuch  maniiCr  as  that  the  lame  may  be  held 
and  enjo}  ed,  and  the  rents  and  profits  thereof  mav  be 
had,  received  and  taken  by  the  laid  Abel  Jhck  and  his 
alligns,  during  lb  many  }enrs  of  the  laid  term  as  he 
lliall  happen  to  live  ;  and  horn  and  after  his  deceafe, 
then  by  the  faid  Esther  Doe,  his  faid  intended  wife, 
and  her  alhgns  for  and  during  lb  many  years  of  the  faid 
term  as  (he  Ihallhaijpen  to  live,  and  liom  and  after  her 
deceafe,  then  by  fuch  children  of  the  lirid  Esther  Doc^ 
by  the  faid  Abel  Beck  to  be  begotten,  in  fuch  manner 
as  that  it  may  notbe  in  the  j.oNrer  of  the  faid  Abd  Beck 
to  defeat  fuch  their  iilue  ;  and  for  default  of  hich  ilfue, 
then  by  the  executors,  adminitlrators  or  afligns  of  the 
laid  Esther  Doc,  and  upon  no  other  trull,  and  to  and 
for  no  other  ufe,  hutent  or  purpofe  w  hatfoever. 

Arid  forafmnch  as  the  faid  Abel  Beck,  is  not  at  pre- 
3>iit  feized  or  poifeired  of  an  cltate  fufiicicnt  to  make  a 


86  AGREEMENT. 

jointure  for  the  fakl  Esther  Doe,  his  intended  v/iie, 
equivalent  to  her  fortune,  the  faid  Abel  Beck,  doth  for 
himfelf,  his  heirs,  executors  and  admhiiftrators,  cove- 
nant, f^rant  and  agree  to  and  with  the  faid  Charles  Doe 
and  Enoch  Ecsset,  their  heirs  and  aiVig'ns,  that  in  cafe 
the  faid  intended  marriage  Ihall  take  effecl  (and  left  he 
the  faid  .'i3<?/  Beck  fhould  happen  to  die  in  the  lifetime 
of  the  faid  ^  r/j^r  Doe,)  he  the  (liid  Abel  Bcck,^Y<\\i 
and  will,  by  his  laft  will  and  tcilament  ni  writing,  or 
otherwife,  give  and  affure  unto  thefiiid  Esther  Ejoe,  the 
i\;fji  of  — -  dollars,  or  the  full  value  thereof  in  lands, 
tenements,  goods  or  chattels,  to  be  at  her  o^vn  proper 
dif]-)Oil\l,  and  to  be  by  her  received  and  taken  to  her 
awn  proper  ufe  and  benefit.     In  witnefs,  '<^c. 


Bei'xern  a  Master  Ship^iVright  and  his  JVorhneiufor 
building  a  7iew  Ship,  pursuant  to  articles  of  agree-. 
Tnent  between  the  Master  Shipwright  and  the  Mer- 
chant or  Owner. 

Agreed  the day  of , between  ^<f77r)'  Coats, 

of ,  and  Robin  Shaw,  of ,  and  JFaltar  Man, 

of ,  of  the  one  part  ;  and/?<7(7C  Shaft,  of ,  of 

the  other  part,  as  foUoweih,  to  wit  : 

Whereas  the  faid  Isaac  Shajt,  by  articles  of  agree- 
ment,  dated,  l^c.  hath  contracled  and  agreed  with  Tho- 

-mas  Coatcs,  of ,  for  building  the  hull  or  body  of 

a  new  fliip  or  vefTel  at  his  yard  in  Rciley^  aforefuid,  to 
be  of  the  diraenfions,  and  in  manner  as  in  the  faid  ar- 
ticles is  mentioned,  and  to  launch  the  faid  fliip  into  the 

jiver  oF ,  on  or  before  the  laft  fpring  tide  in  the 

month  of  May  next  enfuing  the  date  hereof.  Now 
thefe  prefents  witnefs,  that  the  faid  Henry  Coates,  Ro- 
bin Shaw  and  lEaltar  Man,  for  themfelves,  their  exe- 
cutors andadminiftrators,  jointly  and  feverally,do  here- 


AGREE  M  E  N  T,  87 

hy  covenant,  promife  and  ai^rec  to  and  \vith  the  faid 
l^aac  Shaft ^  his  executors,  iidminillratois  and  ufil^ns, 
that  they  the  laid  Henry  Coaces,  Robin  Shwii^dLwA  IVal- 
tar  j\Lm^  their  executors  or  achninillni.tors,  I'ov  the 
conhderations  hereafter menlioncd,  with  timbei,  pkink 
and  other  materials,  to  be  provided  by  andatihe  charge 
of  the  faid  Isaac  Shaft,  at  his  yard  in  Reilvy  afoiefaid, 
lliall  and  ^\ill  do  and  perform,  or  ca.ule  and  procure 
the  iliipvvrights  work  and  workmanlhip,  which  accord- 
ing to  the  faid  recited  articles  is  and  ouij^ht  to  be  done, 
for  the  building  and  finilliing  the  faid  hull  of  the  faid 
fliip,  to  be  clone  and  performed  in  good,  fubUantial  and 
workmanlike  manner,  to  the  content  and  good  liking  of 
the  faid  Isaac  Shaft,  and  as  he  the  faid  Isaac  Shaft,  or 
his  aligns,  Ihall  from  time  to  time  direcl  aijd  appoint, 
and  lliall  and  will  launch  the  faid  ILip  into  the  river  of 

,  on  or  before  the  lafl  fpring  tide  in  the  month  of 

May  next  enfuing  the  date  hereof,  and  clear  the  launch 
M-herein  the  faid  fliip  fliall  be  built,  immediately  after 
launching  thereof.  In  confideration  of  which  faid 
w^ork  and  workmaniliip  fo  to  be  done  and  performed  as 
aforefaid,  the  faid  Isaac  Shaft  for  himfelf,  his  execu- 
tors and  adminiilrators,  doth  hereby  covenant,  promife 
and  agree  to  and  with  the  faid  Henry  Coates^  Robin 
Shaw  and  fValtar  Man,  their  executors,  adminiftra- 
tors  and  afligns,  jointly  and  feverally,  that  he  the  faid 
Isaac  Shaft,  his  executors  or  adminiilrators,  fliall  and 
will  well  and  truly  pay  or  cuufe  to  be  paid,  unto  the  faid 
HcJiry  Coatcs,  Robin  Shaiv  and  JTa/tar  Man,  their 
executors,  adminiftrators   or  afilgns,    fome  or  one    of 

them,   at  and  after  the  rate  of per  ton  for  cvcry 

ton,for  which  he  the  faid  Isaac  Shafts  his  executors 
or  ailminillrators,  Ihall  be  paid  by  the  faid  1  homas 
Coatcs,  according  to  the  faid  articles,  and  fliall  and  w  ill 
pay  a  proportionable  part  of  the  faid  money,  from  time 
to  time  as  the  faid  w  ork  fliall  be  performed,  and  all  the 
refidue  of  the  faid  money  which  lliall  grow  due  as  afore- 


sa  AGREEMENT. 

faid,  and  alfo  the  further  fiim  of ,  over  anu  abov^ 

the  laid  money  to  grow  due  as  aforefaid,  within  - — — 
days  after  launching  "the  laid  fiii.p. 
In  witrieis,  &c. 


Bct'vecii  person::  to  jit  out  a  Vessel  from  one  Port  to 
another. 

Whereas  T%omas  Bozton^  commander  of  the  good 
fliip  called  the    Fierce^  whcr^oi  Samuel  Cojnmon^    of 

. ,  and  Geoyge  Paine,  of ,  are  part  ov/ners,  is 

bound  out  in  and  with  the  fiiid  fhip,  on  a  voyage  to 
China.,  and  back  again  to  the  port  oi Xevj-York,  And 
whereas  the  faid  Samuel  Common.,  George  Pabie  and 
Thomas  Boston,  have  agreed   to   make  up  togeUier  a 

{lock   of -dollars,    to  be  laid  out  and  invefted  in 

goods,  wares  and  merchandifes,  for  the  equal  benelit 
of  all  the  faid  parties,  for  which  purpofe  the  laid  Sa- 
T.iuel  Common  and  George  Paine,  have  each  of  them, 
paid  into  the  hands  of  the  laid  Thomas  Boston^  the  fun), 
of  — ■ —  dollars,  the  receipt  whereof  the  faid  Thofnas 
Boston  doth  hereby  acknowledge  :  Now  therefore,  it 
is  agreed  between  all  the  faid  parties,  and  the  faid 
Thomas  Boston,  doth  hereby  covenant,  promife,  and 
agree,  to  and  with  the  [?AdSamuelCom?non,  ?indGeorge 
Paine,  their  executors,  adminiitrators  and  afligni, 
jointly  and  feverally,  that  he  the  faid  Thomas  Boston.. 

ihall  and  uill  add    and  make  up dollars,   of  his 

own  money,  to  the  laid  — —  dollars,  paid  him  by  the 
faid  Samuel  Common  and  George  Pai?ie,  and  that  he 
the  faid  Thomas  Boston,  fliall  and  will  upon  the  faid 
jQjip's  arrival  at  China,  or  in  her  faid  intended  voyage, 
layout  and  inveR  the  fume  in  goods,  wares  and  mer- 
chandifes, to  the  moil  profit  and  advantage  of  all  the-n 
■he  faid  par' les,  that  he  can,  according  to  the  bell  of 


A  G  R  E  E  M  E  N  T.  89 

hisjuclgment,  and  with  refpcvS^  to  the  orders  and  di- 
rections ot"  the  laid  SuniiiL-l  Common  and  George  Fame, 
in  and  tOLichini^  the  laine,  and  Ihall  And  will  bring 
hon:ie  the  effecU  anil  produce  thereoi'  in  and  with  the 
laid  ihip,  (the  carualiits  ot"  the  leas  excepted,)  and  up- 
on the  arrival  at  JWw-Yor/i,  or  any  port  ni  the  United 
States,  or  Iboner,   it"  opportunity  Ihali  lerve,  lliall  and, 

will  fend   the  invoiee  of  the  produce  of  the  faid  

dollars,  to  the  ^did  Samuel Commo;i  and  Gtorgc  PainCy 
their  executors  or  afligns,  or  fonie  of  them,  at  A'eiv- 
York  ;  and  will  alfo  make  a  jull  and  true  account  to 
them,  or  fome  of  them,  of  all  the  produee  of  the  faid 

dollars.      And  it  is  agreed  between  all  the  faid 

parties,  thut  all  tlve  produce  and  efiects  of  the  faid 

dollars,  Hk;!!  be  fo  fold  and  difpofed  of  at  A*.  York,  with 
all  convenient  expedition  after  the  arrival  thei  eof,  for 
the  equal  advanlaj^e  of  all  the  faid  parties,  and  that  each 
of  them  Ihall  have  and  receive  one  full  third  part  of  the 
net  proceed  thereof  :  And  that  no  benefit  of  furvivor- 
Ihip  Ihall  come  unto  or  be  claimed  by  any  of  the  faid 
parties,  of,  in  or  to  the  faid dollars,  or  the  pro- 
ceed, by  the  death  or  deceafe  of  cither  or  any  of  them. 
In  witnefs,  8cc. 


To go^  set  iip^  and  bu'iUl  a  Schooner  on  th.e  Western 
JFatcrs. 

Agreed  the  ^c.  between  William  Hincy,  of ,  of 

the  one  part,  and  Jacob  Lanc^  of ,  of  the  other 

part,  as  followeth,  viz. 

The  faid  IVm.  Hiney\  in  confideration  of  the  fum  of 
-,  to  him  in   hand  paid  by  TiTus  Siilcs,  of 


by  the  dire(::\ion  or  procurement  of  the  ]i^\.\\dyacob  Lane^ 
at  or  before  the  fealing  hereof,  on  account  and  in  purt 
of  tlie  monies  to  grow  due  and  payable  for  his  ferviee, 

[  12] 


90  AGREEMKNT^ 

as  herein  is  after  mentioned,  and  out  of  which  the  Tame 
is  to  be  allowed,  as  hereinafter  is  expreifed,  whereof 
he  acknowledges  the  receipt,  and  for  the  further  con- 
lideration  liereunder  mentioned,  he  the  faid  //';;/.  /^i- 
7iey  doth  hereby  covenant,  promife  and  agree,  to  and 
^vith  the  faid  Jacob  Lane^  his  executors  and  admini- 
llrators  :  That  he  the  faid  Wm.  Hiney  Ihall  and  will 
proceed  without  delay  to  the  town  of  Maysijille^  in 
the  Hate  of  Kentuchy^  and  Ihall  in  the  neighborhood 
thereof,or  at  any  other  place  within  the  faid  ftate  o'lKen- 
tuchy^  to  which  he  fliall  be  oidered  by  the  correfpon- 
dents  or  affigns  of  the  faid  Thus  Stiles^  they  having 
previoufly  obtained  at  fuch  place,  the  hberty  of  uhng 
timber,  fuitable  for  the  purpofe,  cut  down  and  prepare 
all  the  timbers,  together  with  a  complete  fuit  of  malls 
and  yards,  fitting  for  a  fchooner  of  the  following  dimen- 
fions,  viz. 

And  fliall  at  tiie  coPis  and  charges  of  the  faid  Jacob 
I^ane^  and  on  the  moil  advantageous  terms  in  his  pow- 
er, procure  all  the  plank  and  other  materials  neceifary 
for  the  hull  or  body  of  fuch  a  vefTel,  and  fliall  from  time 
to  time  as  may  be  ncccflary,  hire  a  fufficient  number  of 
workmen  or  other  laboring  hands,  to  afiift  him  in  com- 
pleting the  work  hereby  agreed  to  be  performed,  and 
ihall  in  a  fubilantial  and  workmanlike  manner  com- 
pletely build  and  finifli  the  faid  fchooner,  with  all  the 
appurtenances  to  her  belonging,  and  make  her  fit  for 
fervice,  and  launch  and  deliver  her  in  fafety  unto  the 
corrcfpondents  or  aifigns  there  of  the  faid  Titus  Stiles. 
And  the  faid  Jacob  Imiic  for  himfelf,  his  executors 
and  adminifirators,  doth  covenant,  promife  and  agree^ 
to  and  with  the  faid  Win.  .Hiney,  his  executors  and  as- 
figns,  by  thcfe  prefents,  that  in  confideration  of  the 
works,  matters  and  things  fo  to  be  done  and  performed 
by  the  faid  Jf'm.  Hiney  as  aforefiud,  he  the  faid  Jacob 
Lctne^  hisexcculorsandadminiftrators,  or  the  faid  Titnz 


i 


A  G  R  E  E  M  E  x\  T.  9^ 

Stihs,  his  executors,  corrcfpondents  or  afTigns,  or  fome 
of  them,  Ihall  and  will  pay  and  allow,  or  cauCe  to  be 
paid  unto   the  laid  7/7//.  itincy^  or  his  aflii^ns,  at  and 

after  the  rate  of dollars  per  week  for  fo  lonj^  time 

as  he  Ihall  continue  in,  and  until  he  ihall  be  difcharged 
from  the  fervice  aforeiaid,  by  equal  half  yearly  pay- 
ments, as  follow  eth,  viz.  the  moiety  of  each  half  yearly 
payment  unto  Elizallmey^  the  wife  of  the  {^^fllVm.Hi' 
ncy\  or  fach  otiier  perion  or  perfons  as  he  hath  or  fluill 
order  and  empower  to  receive  the  fame  in  Philadel- 
phia, and  the  other  moiety  of  each  half  yearly  payment 
thereof,  unto  the  fuid  JTm.  H'lncy,  or  his  afiigns,  at 
Maysmlle^  in  the  Hate  oi Kentucky,  the  firft  of  which 
faid  payments,,  both  in  Philadelphia  and  Mays'uillc, 
are  to  be,y;in  and  to  be  made  at  the  end  of  fix  months 
after  the  faid  //7;;.  llincy  Ihall  fet  out  and  proceed  on 
his  journey  from  Philadelphia,  to  Mays'oille,  in  the 
Hate  o{ Kentucky  aforeiaid.  Neverthelefs,  it  is  declar- 
ed and  agreed,  that  the  faid  Titus  Stiles,  is  to  be  repaid 

and  allowed  the  faid dollars,  fo  bv  him  advanced 

and  paid  at  the  fealing  hereof,  out  of  the  firll  half  year- 
ly payment  to  grow  due  as  aforefaid,  and  ilialland  may, 
for  that  purpofe,  keep  and  retain  the  fam.e  ;  any  thinjj; 
aforefaid  to  the  contrary  notwithftandiug  :  And  the  faid 
Jacob  Lane Jor  himfelfjiisexecutorsand  adminillrators, 
doth  covenant,  promife  and  agree  to  antl  with  the  faid 
Frm.  Hiney,  his  executors  and  aiTigns,  by  thcfe  pre- 
fents,  that  he  the  faid  Jacob  Lane,  his  executors  and 
adminillrators,  or  the  faid  Titiia  Stiles,  his  executors, 
oorreipondents  or  alTigns,  or  fome  of  them,  Ihall  and 
w\\\  pay  and  allow,  or  caufe  to  be  paid  unto  the  faid 
JTm.  Hiney,  or  his  affigns,  from  time  to  time,  as  the 
fame  may  be  nccefTary,  all  fuch  fums  of  money  as  fliall 
be  rc([uired  to  defray  the  expenfe  of  proem  ing  the  ma- 
terials aforefaid,  and  to  pay  the  monthly  wages  cf  the 
workmen  and  other  laboring  hands  to  be  hired  bv  tlier 
faid  JFni.  Hiney,  in  conformity  with  the  tenor  of  thi* 
igreement.   [^Penalty  as  before.''^  In  witness,  ^Sq. 


92  AGREEMENT 

To  carry  Passengers  from  one  Port  to  another. 

Agreed  the day  of ,  between  John  Gates, 

mailer  of  the  Ihip  called  the  Eliza^  bound  out  on  a 
voyage  to  j\'evj-Orlea?JS,  of  the  one  part,  and  Henry 
Kyle',  John  Lamb  and  Henry  Mun,  for  themfelves, 
fpr  and  on  beh^f  of  about  tnvcnty  other  perfons,  men, 
women  and  children,  of  the  Hate  of  Massachusetts, 
who  fliall  be  conveyed  in  the  faid  fliip  and  voyage  for 
Ke%v -Orleans,  of  the  other  part,  as  followeth,  viz. 

The  (aid  John  Gates,  doth  hereby  covenant  and  a- 
gree  to  and  with  the  faid  Henry  Kyle,  John  Lamb  and 
Henry  Man,  that  in  confideration  of  his  being  paid  — - 
dollars  per  head,  by  or  for  fuch  and  fo  vr*any  of  the  faid 
paffen.^ers  or  perfons  fo  to  be  conveyed,  men,  w  omen, 
and  children,  accounting  tv,'o  children  under  ten  years 
of  age  but  as  one  chHd  or  perfon,  and  fucking  children 
as  none,  at  or  before  his,  her,  or  their  entrance  on 
board  the  faid  fhip,  he  the  i.udJohn  Gates,  will  receive 
him,  her,  and  them,  by  or  for  whom  he  Ihall  be  fo  paid 
as  aforeicud  on  board  tlie  faid  ihip  within  ten  days  from 
the  date  hereof,  from  Boston  outwards,  and  a  cheft  or 
trunk  for  each  paffenger,  and  will  provide  them  m  ith 
cabins,  and  convenient  room  for  lodging,  and  v.hole- 
fome  and  fufficient  visuals  and  provifions,  during  the 
faid  voyage,  and  \y\\\  with  all  convenient  fpecd  depart 
from  and  out  of  Boston  harbor,   (and  go  either  with 

the convov,  or,  with  fome  other  convoy,)  and  fail 

and  apply  direcHy  to  the  city  q{  jXew -Orleans,  and 
there  will  deliver  the  faid  paffengers,  and  their  chefts, 
trunks  aiKl  goods  allibre,  without  paying  or  allow^ing 
anv  other  charge  than  the  faid  -—  dls.  per  head  as  afore, 
faid,  (the  dangers  of  the  fea  and  providential  accidents 
excepted:)  And  the  faid  ./(?/?«  Gates,  doth  hereby  ac- 
knowledge to  have  received  a  bill  for  —  dollars  drawn 
upon  or  payable  by  Henry  Jraln,.\\h\ch  fum  is  in  part 
of  what  he  fhall  receive  for  fo  many  of  the  faid  paffejx- 


A  G  R  E  E  M  E  N  T.  93 

gers,  for  wliom  the  faid dollars  per  head  fhall  be 

paid  as  albrelaid,  in  id  is  to  be  allowed  accr3rdini^!)  ;  and 
the  laid  Henry  Kyle,  John  Lamb  and  Henry  Mun,  on 
behalf  of  thenifelves  and  the  faid  other  i)erf()ns,  do  eo- 
venant,  promifc  and  agree,  that  they  ihall  ^o  onboard 
at  any  time  within  the  time  aforefaid,  iiponyo//r  days 
notice  given  to  the  faid  Henry  Kyle,  John  Lamb,  and 
Henry  'Mun,  by  the  faid  John  Gales,  In  witnefs,  ^c. 


To  indemnify  a  person  on  his  deli'verifi^q-  JKri tings,  and 
to  produce  Them  if  occasion  requires. 

To  all  perfons  to  whom  thefe  prefents  fliall  come, 
Abel  Knox,  Boiven  Lynch,  Charles  Lick,  and  Daniel 
Still,  fend  greeting. 

Whereas  Enos  Snoivden,  of ,  hr>th  on  the  day 

of  the  day  hereof,  delivered  unto  the  faid  Alwl  KnoXy 
liowen  Lynch,  Uc.  the  feveral  deeds  or  m  ritings  fol- 
lowing, viz.  —  ;  the  receipt  of  all  which  faid  writings 
they  the  faid  Abel  Knox,  ^c.  do  hereb)-  acknowledge, 
and  thereof  acquit  and  for  ever  difcharge  the  faid  Enos 
Snow  den,  by  thefe  prefents.  And  therefore,  they  the 
faid  Abel  Jvnox.  8rr.  for  themfeUes,  their  and  each  of 
their  executors  and  a(!minillrators,  do  jointly  and  feve- 
rally  covenant,  promiie  and  agree,  to  and  with  the  faid 
Enos  Snoivden,  his  executors  and  adminiftrators,  by 
thefe  prefents,  that  they  the  faid  Abel  Knox,  ^c.  their 
heirs,  executors,  or  adniinillrators,  or  feme  of  them, 
fliall  and  will  from  time  to  time,  and  at  all  times  here- 
after, well  and  fulficiently  fare  harmkfs  and  keep  in- 
demnified the  faid  Enos  Snoivden,  ^c.  his  ^c.  from 
and  againfl  all  manner  of  coils,  charges,  exnenfes  and 
<lamages  which  he  the  faid  Enos  Snoivden,  bV.  his  ^c. 
fhall  at  any  time  or  times  hereafter  bear,  pay,  fuftain  or 
be  put  unto  for  or  concerning  the  faid  writings,  or  de- 


B4>  AGREEMENT. 

livery  thereof  as  afore faid  :  And  likewife  that  they 
the  faid  ylbel  Knox\  ^c.  their  &c.  Ihall  and  will 
from  time  to  time,  and  at  all  times  hereafter,  upon  the 
requtrft  of  the  faid  Enos  Snowden,  his  &c.  produce  and 
lliew,  or  caule  to  be  produced,  all  or  any  of  the  faid 
deeds  or  writings,  in  any  court  or  courts  of  record  as 
occafiQD  fhail  require,  in  afuit  now  dependiniz;  between, 
the  faid  Enos  Snow  den,  and  Filbert  Lamb^  &c. 
In  vritnefs,  &g. 


For  Freight  to  a  place  hetivcen  the  Master  of  a  Sbip^ 
mid  a  Merchant. 

Agreed,  ?cc.  between    IVill'iam   Murphy^  of , 

mafter  of  ihe  fhip  Ganges^  burthen  of  about tons, 

now  at  anchor  in ,  and  forthwith  bound  out  on  a 

voyage  to  Havanna,  of  the  one  part ;  and  John  Jackson^ 

of ,  merchant,  of  the  other  part,  as  foUoweth,  that 

is  to  fay : 

The  faid  Wm.  Murphy,  mafler,  for  the  confideration 
hereunder  mentioned,  doth  hereby  for  himfelf,  his  ex- 
ecntors  and  adminiftrators,  covenant,  promife  and  a- 
gree,  to  and  with  the  faid  John  Jackson^  merchant,  his 
executors,  adminiftrators  and  affigns,  that  the  faid  (hip 
fhali  -R-ith  all  expedition  be  made  ready,  and  provided 
in  all  refpc6ls,  fitting  for  fuch  a  fhip,  and  the  voyage 
aforefaid,  and  fliall  receive  and  take  aboard  her,  for  the 
iA\^  merchant,  [name  the  goods,']  and  w'whm  tvjenty 
daj's  after  the  date  hereof,  fhall  fet  fail  and  depart  from 

,  outwards,  and  wind  and  weather  ferving,   fhall 

fail  direclly  tnHa^anna,  and  withinyfi;^' days  after  her 
arrival  thee,  fliall  iniladeand  deliver  the  fame  unto  the 
faftorsor  alTigns  of  the  faid  merchant,  (the  dangers  of 
the  fea,  enemies,  and  the  reftraint  of  princes  and  rulers 
always  excepted  :)  2LX\(\i\iQ  lAid  merchant  for  himfelf,. 


A  P  P  O  I  N  T  M  E  N  T.  95 

>.is  executors  or  afrui;ns,  doth  hereby  covenant  and  a- 
gree  to  and  with  the  laid  mailer,  his  executors  and  as- 
lii^ns,  that  he  the  laid  merchant,  his  executors,  fudors 
or  alligns,  Ihall  or  will  lade  or  tender  the  laid  \the 
goods,^  to  be  laden  on  board  the  laid  Ihip,  and  receive 
aiid  dil'charge  the  fame  from  aboard  her  at  Haiianna^ 
within  the  rclpeclive  times  therefor  limited  ;  and  will 
truly  pay,  orcauleto  be  paid  unto  the  S.,i\i\  master^  his 
executors  or  alhgns,  lor  IVeii^ht  thercofat  and  alter  the 
rate  of  ten  dollars  per  ton,  immediately  after  a  right 
difcharire  and  delivery  thereof  at  Haiicmna  aforefaid, 
with  primage  and  average,  accultomed,  and  two  third 
parts  of  all  port  charges  to  grow  due  during  the  faid 
voyage,  the  other  third  part  \hereof  to  be  paid  by  tlte 
iaid  mafler.     {^Penalty  as  before.']     In  witnefs,  8cc. 


:^ppointment* 

> 

Of  a  Guardian  by  a  Father  for  his  Son, 

KNOW  all  men  by  thefe  prefents,  that  I  Mel  Bear, 
of -7— »  l^ave  committed  and  difpofed,  and  by  thefe 
prefents  do  commit  and  dilpofe  unto  Peter  Dexter^  of 
— ^ — ,  the  cuilody,  tuition  and  education  of  my  fon 
Richard. Bcar^  from  and  Immediately  afier  my  deceafe, 
until  my  laid  fon  Ihall  attain  his  age  of  twenty- one 
years;  and  if  it  lliall  hajipen  that  the  faid  Peter  Dex- 
ter dies  before  me,  or  before  my  faid  Ion  attains  his 
age  of  t\\enty.one  years,  thenand'in  fuch  cafe  1  do  com- 
mit ai>d  dilpofe  unto  Isaac  Dcxier,  of ,  fuch  cuf. 


96  APPOINrMKNT. 

tody,  tiiHion  and  education,  after  my  deceafe,  and  the 
deceafe  of  the  faid  Peter  Dexter^  until  my  faid  fon  at- 
tains his  age  of  tv\enty-one.  years,  and  humbly  delire 
the  faid  Isaac  Dexter^  to  take  upon  him  the  trouble 
for  die  good  of  my  faid  fon. 

ICT  Till  the  age  of  tu-enty-one  years,  the  empire  of 
the  father  continues  even  after  his  death,  f(jr  lie  may 
by  his  will  appoint  a  guardiim  to  his  children.  1  Blac, 
479. 


Of  Executors  in  the  room  of  deceased  ones. 

To  all  to  whom  thefe  prefents  fliall  come,  we,  Abel 

Adams^  of  ,  and  Bennett  BoToen^  of '-,   fend 

greeting  :  \_Here  recite  the  vjill  authorising  the  sur- 
njii'ing  executors  to  appoint  in  the  room  of  those  who 
die,  and  the  death  of  such,']  Now  know  ye  that  we 
the  faid  Abel  Adams  and  Bennett  Bowen,  furviving 
executors  of  the  lad  will  and  teitament  of  the  faid  Ca- 
leb Coates,  do,  and  each  and  every  of  us  doth,  purfuant 
to  the  power  and  authority,  dire^tioiis,  and  appoint- 
ments in  and  by  the  faid  will  of  the  laid  Caleb  Coates, 
in  that  behalf  mentioned  and  contained,  as  far  as  in  us 
lieth,  and  we  lawfully  may,  by  thefe  prefents,  choofe, 

nominate  and  di\s\iomt  Daniel  Dowu  of ,  2iX\^Enos 

Edes^oi ,  to  be  executors  of  the  w^ill  of  the  faid 

Caleb  Coates,  in  the  room.  Head  and  place  of  the  a- 
hovQ.u:x.mzd  Francis  I'^anc,  and  Goflieb  Gough,  de 
ccaied,  to  act  in  conjunction  with  us  the  faid  Abel  A- 
dams  and  Bennett  Bowen,  m  all  matters  and  things  re- 
lating to  the  faid  executorfhip.  And  we  the  -.iid  Abel 
Adams  di^d.  Bennett  Bo^^en,  do,  and  each  and  every  of 
us  doth  hereby  give  and  appoint  unto  the  ibid  Daniel 
Donn  and  Enos  Edes,  all  the  power  and  authorit}- 
which  \ve  may,  can,  or  ought  to  give  and  commit  by 
virtue  of  the  will  of  the  faid  Caleb  Coates,  to  any  per- 


APPOINTMENT.  97 

Ton  or  perfons,  in  the  room  and  Head  of  ilic  faid  Fran- 
cis Fane  and  Goilicb  Gou^b^  as  they  the  Iliid  Francis 
Inme  and  Gotlieb  Goiigh  u  ere  two  of  the  executors  of 
the  lall  will  andtednnent  of  the  faid  Caleb  Goaf  a,  to- 
gether \A  ith  the  allowance  mentioned  in  the  faid  will, 
for  their  and  each  of  their  trouble  and  care  in  aC^ins^  in 
the  execution  of  the  faid  will,  for  fo  long  time  as  they 
the  faid  Daniel  Donn  and  Enos  Edcs^  or  either  of  theiii 

fliall  a^\  therein-     In  witnefs,  SsPc* 
f 

•Of a  Guardian  of  Person  and  Estate^  ''^i^^^  poroer  ft/ 
let  Lands ^  yc. 

Know^  all  men  by  thefe  prcfents,   That  I  Abel  Betz 

fon  and  heir  of  Thomas  Bctz^    late  of ,  being  of 

the  age  of  feventeen  years,  have  nominated,  elecrled 
and  appointed,  and  by  thefe  prefcnts  do  nominate,  elect 

and  appoint  Pc/^cT  iiy(?^;^,  of ,  to    be  guardian  of 

my  perfon  and  eftate  until  I  fliall  attain  the  age  of 
twenty-one  years:  And  1  hereby  promife  to  be  ruled 
and  governed  by  him  in  all  things,  touching  my  wel- 
fare :  And  I  do  alfo  hereby  authorife  anj  empower  the 
faid  Peter  Aleck,  to  enter  upon  and  take  polTefllon  of 
all  and  every  my  meffuages,  lands,  tenements,  heredi- 
taments, and  premifes  whatfoever,  fituate,  lying  and 
being  in  Lebanon,  in  the  county  of  Dauphin,  or  clfe- 
where,  whereunto  I  have  or  may  have  any  right  or  ti- 
tle, and  to  let  and  fell  the  fame,  and  recene'  and  take 
the  rents,  iffues  and  profits  thereof,  for  my  ufe  and  be- 
nefit,  during  the  term  aforelliid,  giving  unto  the  faid 
Peter  Meek,  my  full  power  in  the  ))rcmifes  ;  and  what- 
foever he  fliall  lawfully  do,  or  caufe  to  be  done  in  the 
{l\id  premifes,  by  virtue  hereof,  I  do  hereby  promife  to 
confirm. 

Ill  v/itnefs,  2vC, 


99  APPOINTMENT- 

Of  a  neiv  Trustee  in  the  place  of  one  dec^eased,  'with  a 
'  declaration  of  trust. 

Whereas?  a  marriage  was  foon  after  the  execution  of 
the  within  written  indenture,  had  and  folcmnized  be- 
tween the  within  named  Arthur  Aid  and  Sarah  Fields 
and  the  within  named  John  Jukes^  one  of  the  truftees 
therein  named  is  hnce  dead,  ^vhereupon  the  faid  Arthur 
Aid  and  Sarah  his  wife,  in  purfuance  and  performance 
of  the  power  and  authority  within  given  and  referved 
to  them  fo»'  th?i<-  p«vpnf<?,  have  nominated  and  appoint- 
ed, and  by  thefc  prefents  do  nominate  and  appoint  Jo^ 
sephJ'ones^  of  ^nnes^s-lown,  in  the  county  of  Dauphi?i. 
gentleman^  to  be  a  new  truftee  for  the  purpofes  within 
mentioned,  in  the  place  of  the  faid  deceafed  trullee. 
And  whereas  the  Vv^ithin  named  Charles  Careful,  the 
furviving  truftee,  hath  an  or  before  the  day  of  the  date 
hereof,  (with  the  confent  and  approbation  of  the  faid 
Arthur  Aidanc}  Sarah  his- wife,  teftified  by  their  exe- 
cuting thefe  prefents,)  caufed  the  within  mentioned  fum 
of —  of  the  United  States  bank  ftock,  to  be  trans- 
ferred unto  him  the  faid  Charles  Careful,  and  the  faid 
Joseph  Jones  ;  and  the  fame  is  now  ftanding  in  thejoint 
names  of  them  the  faid  Charles  Careful  and  Joseph 
Jones,  in  the  proper  books  kept  for  fuch  purpofe,  at 
the  bank  of  the  United  States  :  Now  therefore  a\  itnefs 
thefe  prefents,  that  it  is  hereby  covenanted,  concluded, 
•and  agreed,  by  and  between  the  faid  Arthur  Aid  and 
Sarah  his  wife,  and  the  faid  Charles  Careful  and  Jo- 
seph Jones,  that  the  faid  fum  of of  bank  ftock 

before  mentioned,  to  be  transferred  unto  and  ftanding 
in  the  names  of  the  ftiid  Charles  Careful  and  Joseph 
Jones,  were  and  are  fo  transferred  unto  them,  and  that 
they  the  faid  Charles  Careful  and  Joseph  Jones,  their 
executors  and  adminiftrators,  fliall  and  will  ftand  and. 
be  pofreflbd  thereof,  and  of  the  dividends,  intereft  and 
profits  thereof;  upon  tl^  trufts,  and  to  and  for  the  ends, 


APPOINTMENT.  99 

«ntents  and  purpofes  within  mentioned,    exprefled  or 
declared,  of  and  concerning  the  lame,  and  to  and  tor  no 
jther  ulc,  intent  or  purpolc  whatibever. 
In  U'itnel's,  &;c. 

Of  a  Guardian  by  an  Infant, 

Know  all  men  by  thefe  prefents,  that  I  William  Keyl 
Ki\  inlant  of  the  age  q{  nineteen  years  and  upwards,  eld. 

cll  fon  and  heir  of  WiUiam  Ncy,  laO^of ,  esquire^ 

deceafed,  by  Jnn  his  wife,  have  eletled,  chofen,  no- 
minated anda])pointed,  and  by  thefe  prefents  do  ele61;, 
choofe,  nominate  and  appoint  my  uncle  Enoch  iVc-y,  of 

,  esquire,  to  be  guardian  of  my  perfon  and  clta'te, 

until  I  IhiUl  attain  the  age  of  twenty-one  years.  Wit- 
nefs  my  hand  and  leal,  Cs.v, 

\cr  A  male  at  fourteen  years  of  age  may,  if  his  dif- 
cretioa  be  actually  proved,  make  his  tellament  of  his 
perfonal  eftate  ;  atfeventeen,  may  be  ah  executor,  and 
at  twenty-one,  may  alien  his  bnds,  goods  and  chattels. 
A  female  at  the  age  of  nine  years  is  entitled  to  dower; 
at  twelve,  if  proved  to  have  fufficient  difcretion,  may 
bequeath  her  perfonal  ellate  ;  at  feventeen,  may  be  ex- 
ecutrix, and  at  tv/enty-one,  may  difpofe  of  herfelf  and 
her  lands  :  So  that  full  age  in  bodi  is  twenty-one, 
which  is  completed  on  the  day  preceding  the  anniver- 
fary  of  a  perfon's  birth  :  So  that  if  he  is  born  on  the 
firil  of  January,  he.  is  of  age  to  do  any  legal  adl  on  the 
morning  of  the  lall  day  of  December,  tliough  he  may 
not  have  lived  twenty -one  years  by  near  forty-eight 
hours.  The  reafou  alligned  is,  thtit  in  law  there  is  no 
fraction  of  a  day. 

It  is  generally  true  that  an  infant  (one  under  twenty- 
one)  can  neither  alien  his  lands,  nor  do  any  legal  a6t, 
nor  make  a  deed,  nor  iudpt-d  any  manner  of  contract, 
that  will  bind  him  :  But  ftill  10  all  tbcfe  ruies^  there 
4re  fome  exception.^^ 


100  ASSIGNMENT, 

An  infant  may  purchafe  lands,  but  his  purchafe  is 
incomplete ;  for  when  he  comes  to  age  he  may  either 
agree  or  difagree  to  it,  as  he  thinks  prudent  and  pro- 
per, without  alleging  any  reafon  ;  and  lb  may  his  heirs 
after  him,  if  he  dies  without  having  completed  his  a- 
greement.  Infant  may  by  deed  or  will,  appoint  a  guar- 
dian to  his  children,  if  he  has  any.  He  may  bind  him- 
felf  to  pay  for  his  neccfTary  meat,  drink,  apparel, 
phyfic  and  fucli  other  neceffaries  ;  and  likewife  for  his 
good  teaching  and  inftru6lion,  whereby  he  may  profit 
himfelf  afterwards.     See  1  Blac.  490,  ^c. 


Of  Doiver  by  the  Heir, 

Tliis  indenture  made,    &c.    between  Robert  Long^ 

fon  and  heir  oiOlrcer  Long^   late  of ,  of  the   one 

part,  and  Polly  Long^  widow  andreli6l  of  the  faid  Oli- 
'ver  Long^  of  the  otlxr  part. 

Whereas  the  faid  Oliver  Lotigy  ^vas  in  his  life-time, 
and  at  the  tmie  of  his  death,  fcized  in  his  demefne,  as  of 
fee,  of  and  in  divers  Itmds  and  tenements  in  Newbury 
iowiuhip,  in  the  county  of  York,  and  Hate  of  Pennsyh 
i.)ania,  which  upon  the  deceafe  of  the  faid  Oli'ver  Longy 
defcended  unto  the  faid  Robert  Long.  Now  this  inden- 
ture u  itnefleth,  'i'hat  the  l\iid  Robert  I^ong,  hath  en- 
dowed and  affigned,  *  and  by  thefe  prefents 
doth  endow  and  aifign  unto  the  faid  Polly  Long^  the 

o 

*  Assignor,  is  he  that  assigns— assignee  heomtwhsah-  e; 
^gnmentismade. 


ASSIGNMENT.  101 

third  part  of  the  faid  lands  and  tenements,  to  Mit  :  All 
that  meliuage,  &c.  To  liave  and  to  hold  unto  liic  IV jd. 
Folly  Long,  lor  and  during  the ^latural  lile  of  ihe  Uud 
Folly  Long,  in  feveralty  by  metes  and  bounds,  in  ihe 
jiame  of  the  dower,  and  in  rccompenfe  and  fatisiae^  iori 
of  all  the  dower  which  the  faid  Folly  Long  ought  ta 
have  of,  or  in  the  faid  lands  and  tenements  which  wcrfe 
nf  the  laid   Oliver  Long^  in  his  lifetime.     In  wiiiiLfs, 

Of  part  of  a  Cargo  on  board  a  Ship, 

To  all  to  whom  tliefe  prefents  fliall  come,  Bion  Beck^ 
of ,  and  Henry  Humes ^  of ,  fend  greeting  : 

Whereas  the  fliid  Bion  Beck,  and  Henry  Flumes,  by- 
writing  or  bill  of  file  under  their  hnnd[>  and  fcals,  bear* 

ing  date  the day  of — —,  have  for  the  conlideia- 

tions  therein  mentioned,  granted,  bargained    aiid  fold, 

unlo  Simuel  Sha%i\  of ,  one  fixteenth  part  'of  the 

iiiip,  burden  about  —  tons,  w  hereof,  yc/67?  Cox  is  com- 
mander, than  at  fea  on  a  voyage  to  Newfoundland,  as 
thereby,  relation  -being  tliereunto  had,  more  evidently 
apjjears.  And  whereas  there  is  a  cargo  or  adventure 
of  lead  on  board  the  faid  Ihip,  and  the  faid  ihip  hath 
taken  in  at  JVeiifuundland quintals  of  fdh  on  ac- 
count of  the  part  owners  of  the  faid  Hup,  which  lead 
and  hill  are  to  be  fold,  and  difpofed  of  at  Liverpool^ 
for  the  owners  account  and  benefit,  according  to  their 
parts  in  the  faitl  fhip  :  And  whereas  the  faid  Samuel 
Shavo,  hath  before  the  fealing  hereof  paid  unto  tli'e  faid 

Bion  Beek  and  Henry  Humes,  the  fiim  of ,  for  the 

one  fixteenth  part  of  the  coil  of  the  lead,  the  receipt 
whereof  the  faid  Bion  Beck  and  Henry  Hu?nes,  do  iiere- 
by  ackno'n  ledge,  and  hath  paid  or  is  to  pay  the  fum  of 

for  the  one  fixteenth  part  of  the  colls  of  the  faid 

fifli  at  J\'e%v/oundland,  according  to  the  bills  draw  n  fgr 
the  fame  :  Now  know  ye,  that  for  and  in  coniideratioi^ 


^) 


102  ASSIGNMENT, 

of  the  feveral  fums  of ,  and ,  fo  paid  and  to  be 

paid  to.  the  faid  Blon  Beck  and  Henry  Humes ^  by  tJie 
fuid  Samuel  Sbaw  as  ii^orefaid,  the  faid  Bion  Beck  and 
Henry Hui7ies\\ANQ  bargained,  fold,afligned,  &:  fet  over, 
and  do  hereby  bargain, fell,affign-,  and  fet  over  unto  the 
faid  Sanmel Sharo^  the  one  full  and  eqnaUixteenth  part 
of  the  cargo  of  lead  on  board  the  faid  fhip,  and  of  and 
inthefiid  —  quintalsQl  fifh, and  of  and  inalltbeproduce, 
proccv'd,  eiifcCls,  gain  and  advantage  by  and  in  rcfpeit 
ther,enf,  or  either  of  tht  m  -,  r.^d  all  their,  and  either  of 
their  r'rht,  title,  claim  and  demand  of,  in,  and  lo  the 
fame  :   1  o  have,  hold  and  receive  the    fame  unto   the 
faid  Samuf'l  Shaw,   his  executors,  adminiflrators  and 
•aiii"n)s,  to  bis  and  their  oivn  proper  ufe  and  ufes,   and 
as  his  and  their  o-.vn  proper  .proods  and  chattels  forever  : 
?\.nd  thev  the  faid  Bion  Beck   and  Henry  Humes,   for 
themfelves,  their  heirs,    executors,  adminiltrators  and 
aifu^ns,  do  jointly  and  feverally  covenant,  promife  and 
aeree,  to  and  ^ith  the  faid  Samuel  Shavo^    his  heirs, 
executors,  adminiftrators  and  affigns,  by  thefe  preftnts 
as  follows',  to  v'ii  :   That  he  the  laid  fi'amuel  Sbaw,  his 
heirs,  executors,  adminillrafors  and  alTigns,  fliall  and 
mav  at  all  times  hercaf  er  have,  take,  receive  and  en- 
joy, to  his  and  their  own  proper  ufe  and  ufes,  one  full 
and  equal  fixtgenth  part  of  all  the  produce,  effe6ls,  pro- 
ceed,  profit  and  advantaj^e,    by  and  in  refpe6\  of  the 
faid  cargo  or  adventure  of  lead,  laden  on  board  the  faid 
fliip,  and  likewife  of  the  f^iid  —  quintals  of  fifh  taken 
in  Ne^cvfoundlajid,  without  any  let,  or  hindrance  of  or 
by  the  faid  Bion  Beck  and  Henry  Humes,  their  heirs, 
executors,  adminiftrators  or  afligns,  or  either  or  any  of 
them  :  And  free  and  clear  of  ail  former  bargains,  fales, 
affignments,  debts,  charges  and  incumbrances  whatfo- 
ever  by  them,   or  either  of  them  committed,   done  or 
fuffered  :  And  that  they  the  faid  Bion  Beck  and  Henry 
Humes,  their  and  each  of  their  heirs,  executors,  admi- 
niftratorsand  alfigus,  will  at  all  times  hereafter  do,  per- 


ASSIGNMENT.  103 

form  and  execute  fiich  further  acl:s,  deeds  and  things 
for  the  better  airigniiig  the  fuld  premifes  hereby  fold 
and  alfigned  unto  the  i'lud  Samuel  S/^aiv,  his  heirs,  ck- 
ecutors,  adminiftrators  and  ail'igns,  and  for  enabling 
liim  and  them  to  demand  and  receive  the  fame  to  his 
and  their  own  proper  ufe  and  ufes,  as  by  him  or  them, 
or  his  or  their  counfel,  ihall  be  reafonably  advifed  and 
rec^uircd.     In  witncfs,  8;c. 


0/  Copy -right  in  Books. 

This  iadenture  made,  &:c.  between  John  Lone^  of 
- — ,  gentleman^  of  the  one  part,  and  Ccdcb  JVaync^  of 
^  bookseller^  of  the  other  part.     Whereas  the  faid 


John  JLove  hath  written  and  compiled  a  book  entitled, 
See.     Now  this  indenture  witnelfeth,  that  the  faid  John 

i^oDe,  for  and  in  confideration  of  the  fum  of ,  to 

him  in  hand  paid  by  the  faid  Calel?  IVayne^  the  receipt 
■whereof  is  hereby  acknowledged,  hath  bargained,  fold, 
and  affigned,  and  by  thefe  prefents  doth  bargain,  fell 
and  adign  unto  the  faid  Caleb  Wayne ^  all  that  the  faid 
book,  and  all  his  copV-right,  title,  intereft,  property, 
claim  and  demand  whatfoever  of,  in,  and  to  the  fame  : 
To  have  and  toJiold  the  faid  book,  copy-right,  and  all 
the  profit,  benefit  and  advantage  thatfliall  or  may  arife 
by  and  from  printing,  re-printing,  publifliing  and  vend- 
ing the  fame,  unto  the  faid  Caleb  JTayne,  his  execu- 
tors, adminiftrators  and  afligns,  on  the  terms  and  con- 
ditions and  for  the  whole  period  of  time  provided  and 
allowed  in  and  by  an  act  of  the  congrefs  of  the  United 
States,  entitled,  "  An  ac\  for  the  encouragement  of 
leaming,  by  fecming  the  copies  of  maps,  charts  and 
books,  to  the  authors  and  proprietors  of  fuch  copies, 
during  the  times  therein  mentioned."  Provided  al- 
ways neverthelefs,  and  thefe  prefents  are  upon  this  ex- 
pr<^s  condition,  that  the  nuir.ber  to  be  printed  of  the 


104  A  S  S  I  G  N  M  £  N  T. 

firll  and  each  and  every  other  edition  or  ijnpreiTion  of 

the  fiid  book,  ihail  not  exceed — ,  and  that  the  fold 

CaUb  IVayne^  his  executors,  admtniftrators  and  alllgns, 
iliall^nd  \viil  pay  unto  the  faid  John  Lo'ue^  his  execu- 
tors adminiilrators  or  affigns,  the  further  fum  and  fums 

of -,  for,  at,  and  upon  the  re-printing  or  makin^^  a 

fecond  and  each  and  every  other  future  and  further  edi- 
tion or  imprelTion  that  Ihali  or  may  be  of  the  faid 
boo!:,  for  and  towards  a  further  reward  and  fatibfa6lion 
to  the  faid  John  Loije^  for  his  writing  and  compiling 
the  fame;  the  laid  payments  to  be  m^de  before  the 
publication  of  the  faid  feveral  imprcflions  or  editions 
(after  the  firll)  and  fale  of  the  fame,  or  any  part  there- 
of, by  the  f"id  Caleb  IFayne^  his  executors,  admini- 
flrators  or  ailign^r,  or  any  of  them,  or  by  any  other  per- 
•fon  or  perfons  by,  for  or  under  them,  or  any  of  them. 
And  the  faid  CaUb  Wayne  for  himfelf,  his  executors, 
tidminiilrators  and  affigns,  doth  covenant,  promife  and 
agree  to  and  with  the  find  John  Loije^  his  executors, 
adininiflrators  and  aSgns,  that  he  the  faid  Caleb  f Fay ue, 
his  executors,  adminiilrators,  and  affigns,  Ihall  and 
will  pay,  or  caufe  to  be  paid  to  the  faid  John  Loi^e, 
his  executors,  adminiftrators,  and  aliigns,  the  faid  re- 

fpe6\ive  fum   and  fums  of ,  at  and  upon  the  re 

printing,  and  before  the  publication  and  fale  of  the 
faid  fecond  and  every  other  future  and  further  edition 
and  impreffion  that  lliall  or  may  be  made  of  the  faid 
book,  according  to  the  provifo  aforefaid,  and  the  true 
intent  and  meaning  of  thefe  prefents.     In  Witnefs,  8cc, 


Of  a  Patent  for  the  sole  use  of  an  In'vention, 

This  Indenture,  made,  &c.  between  Abel  Bell^  of 
the  one  part,  <mACalcbDoe^  of  the  other  part.  Where- 
as the  faid  Abel  Bell,  hath,  by  his  long  ftudy,  expenfei 


A  S  S  I  G  N  TsT  E  N  T,  105 

and  experience,  invented  a  method  of ,  by  a  new 

and  ui'ciul  art,  [tnac/jine^  manufacture  or  composition 
of  matter  or  imj-noTicmcnt^  or  eituer^  as  the  case  may 
^t"]  never  betbic  known  or  uied  :  and  whereas?  the 
laid  ^Ih'l  Belt  having  prefcnted  a  petition  to  the  fccre- 
tary  ol  Hate  of  tiie  United  btates  ai^ieeably  to  an  act  of 
congrcfs  entitled  "•  an  a^l  to  promote  the  progrefs  of 
*'thc  idlful  aits,  and  to  repeal  an  act  heretofore  made 
*'  for  that  purpofe,"-hath  obtained  lette.s  patent',  \n  the 
name  of  tlie  Uniied  States,  and  bearing  tell  by  the  pre- 
fident  thereof,  granting  to  him,  the  faid  Abel  Bell,  hi* 

heirs,  adminiftrators,  or  ailigns,  for  the    term  ol ' 

years,  the  fall  and  exclufive  right  and  liberty  of  mak- 
ing, conIb-u6ling,  nling  and  sending  to  others  to  be 
iifed  the  laid  invention  or  dlfcovery,  as  in  and  by  the 
faid  letters  patent,  recorded  in  the  office  of  the  feereta- 
ry  of  Hate  may  more  full}'  appear:  Now  this  inden- 
ture u'itneireth,that  the  laid  Abel  Bell^  for  and  in  cou- 

fideration  of  the  fum  of to  him  in  hand  paid  by 

the  faid  Caleb  Doe  at  or  before  the  figning  of  this  in- 
denture, the  receipt  whereof  is  hereby  acknowledged, 
hath  granted,  afligncd,  aixl  fct  over,  and  by  thcfe  pre- 
fents  doth  grant. ,alil,u;n  and  fet  over  unto  the  faid  Caleb 
Doc^  his  executors  adminiRrators  or  ailigns  the  faid 
letters  patent,  and  all  the  right,  title  and  interell  of 
him  the  faid  Abel  Bell  of,  in,  and  to  the  faid  inventi- 
on fo  granted  unto  him.  To  have  and  to  hold  the  faid 
letters  patent  and  invention, with  all  benefit,  profit, and 
advantages  thereof,  to  the  laid  Caleb  Doe^  his  execu- 
tors, adminiftrators,  or  ailigns,  in  as  full, ample  and  be- 
neficial manner,  to  all  intents  and  purpofes  as  he  the 
faid  Abel  Bell,  by  virtue  of  the  faid  letters  patent  may 
or  might  have  or  hold  the  fame,  if  Uiis  aflignment  had 
not  been  made,  for  and  during  all  the  red  and  refidue 
of  the  faid  term  of  years,  granted  by  the  faid  letters 
patent  as  aforeiaid.     And  the  faid  Abd  Bcll^  dvth  bv 

[  14  ] 


106  ASSIGNMENT. 

thefe  prefents  conflifute  and  appoint  the  (-aid  Caleb  Dae  f 
his  aiiignee  and  grantee  of  and  for  the  faid  invention 
and  the  profits  tIi*i'eof,  for  the  remainder  of  the  faid 
term  of years  ;  and  the  faid  .il^el  Bell,  doth  co- 
venant to  and  with  the  faid  Caleb  Doe,  that  he  the  faid 
Caleb  Doe,  his  executors,  adminifUatois,  or  affigns, 
iliall  and  may,  by  virtue  of  tiiefe  prefents,  have,  re- 
ceive, and  take  all  the  profits  and  advantages  whatfo- 
ever,  that  may  or  fliall  be  made,  for  or  by  reafon  cf 
fuch  invention.  And  that  he  the  faid  ./iZ'f/  £ell,  his 
executors,  adminiftrators,  or  afiigns,  fliall  and  will 
do  and  execute  or  caufe  to  be  done  and  executed,  all 
5.nd  every  other  a6l  and  a^ls,  thing  and  things,  devices 
and  aiiignments  in  the  law  v^  hatfoever,  for  the  further, 
better  and  more  perfe61;  affigning  and  afTuring  of  the 
faid  letters  patent,  and  the  right,  title,  and  interefl  of 
jhim  the  faid  .4bel  Bell,  his  executors,  adminillrators, 
or  affigns,  therein,  and  in  the  faid  invention,  unto  the 
faid  Caleb  Doe,  his  executors,  adminillrators,  or  af- 
figns, as  by  the  faid  Caleb  Doe,  his  executors,  admin. 
Sftrators,  or  affigns,  or  his  or  their  counfel  in  the  law 
ihall  be  lawfully  and  reafonably  devifed,  advifed,  or 
required.     In  witnefs,  &c. 

iCP  This  alignment  mull  be  recorded  in  the  office 
of  the  fecretary  of  ilate  :  after  which  the  aiiignee  is  re- 
garded in  law,  in  the  place  of  the  original  inventor, 
both  as  to  right  and  refponfibility,  and  fo  the  aflignees 
of  affigns  to  any  degree.    See  Graydojis  Digest,  33  3» 


Of  Bond  by  Indorsement, 

Know  all  men  by  thefe  prefents,  that  I,  the  within 
named  Aaron  Boas,  for  and  in  confideration  of  the  fum 

-.of  -! to  me   in  hand  paid  by  Conrad  Doe,  of •, 

at  or  before  the  fealing  of  theje  prefents,  the  receipt 


ASSIGNMENT.  i07 

U'hereof  is  hereby  acknowledged,  have  granted,  bar- 

i';i..:d,  fold,  alligned,  transferred  and  fet  over,  and  hv 

_■  jjreibwts  do  grant,  bargain,    fell,   afiign,   transfer 

i'ct  over  unto  the  faid  6'o;/n7^/ Z)(jc,   his  executors, 

lillrators,  or  afligns,  the  within    written  bond   or 

<  non,  andthefuniof ,  mentioned  in  the  con- 

C'  lereof,,  together  with  all  intereft  due  and  to  gro\'f 

di  ';iefame,andall  my  right,  title,  intereft, claim  and 

de'  ...  whatfoeve^  of,  in  and  to  the  fame.  And  I  au- 
th.;  •  he  faid  Cojirad  Doe^  in  my  name,  to  demand, 
fue  for,  receive,  have,  hold  and  enjoy  the  faid  fum  of 

,  and  intereft,  to  his  own  ufe  abfolately  forever. 

In  vvitnefs,    Sec. 


Another  short  Form. 

I  do  hereby  affign  and  fet  over  all  my  right!^  title, 
claim,  intereft,  prooerM',  and  demand  whatfoever,  in 
and  to  the  within  bond  \_or  bill.'j  unto  Conrad  Doe, 
for  value  received.  Witnefs  my  hand  and  fsai,  the 
. day  of . 


Special  Form  of  same. 

Know  all  men  by  thcfe  prefents.  That  I  the  within 
named  Abner  Rctz^  in  confideration  of  the  principal 
debt  and  intereft  mentioned  in  the  w  ithin  bond,  to  me 
in  hand  paid,  by  Conrad  Doe^  have  afiigned,  and  by 
thefe  prefents  do  ailign,  transfer  and  fet  over  the  within 
bond  and  the  money  due  and  growing  due  thereon,  un- 
to the  faid  Conrad  Doc.  his  executors,  adminiftrators 
and  afiigns.  And  farther,  I  do  hereby  covenant,  that 
if  the  faid  money  when  due  cannot  be  recovered  of  the 
ivithin  named  Enos  Faivcet,  and  George  Hones,  by 
reafon  of  infolvency,  or  otherwifc,  I  will  pay  the  fame, 
"Witi^efs  my  hand  and  feal,  tjie  — ^-»  day  of,'  ^c^ 


10^  A  S  S  I  G  N  M  E  N  T. 

Another, 

For  a  vahiable  confideration  to  me  in  hand  paid  by 

Adam  Box,  of  — ,  1  do  affign  and  let  over  the  within 

obligation,  and  all  moniesdue  and  to  become  due  there- 
on, unto  the  iaiui  ddam  Box,  his  executors,  admini- 
llratois  and  afiigns,  and  in  cuie  the  fame  cannot  be  re* 
covered  of  the  within  named  Caleb  I)oe^  then  1  do. 
promife  and  agree  to  pay  the  amount  thereof,  together 
with  alt  charges  thereupon  accruing,  to  the  faid  Adajn 
Box,  his  executors,  adminiih'ators  or  alTigas.  in  \vit-j 
pefs,  ^c. 

IC?^  AiTignments  of  bonds  and  bills  in  order  to  ena- 
ble the  afiignee  to  fue  in  his  own  name,  mull  be  made 
under  the  hand  and  feal  of  the  affignor,  and  before  two 
or  more  credible  witnefles.  And  it  fliall  not  be  in  the 
power  of  the  afiignor,  after  fuch  alfignment  made,  to 
releafe  any  of  the  debts  or  fnms  of  money,  reall}' due 
by  the  faid  bonds  or  fpecialties,  or  by  notes.  See 
Read's  Dig.  16» 

Of  a  Lease  vjith  the  usual  and  necessary  CoiienanU 

This  indenture  made  the  — —  day  of in  the 

year,  £s?c.  between  Abner  Bain,  of  — ,-r— ,  of  the  one 
part,  and  Caleb  Doe,  of— ,  of  the  other  part. 

Whereas  in  and  by  one  indenture  of  leafe  bearing' 

date  the  —      day  of in  the  year,  tV.  and  made 

or  mentioned  to  be  made  htWQ&n  Ephr aim  B^ane,  of 

,  gentleman,  of  the  one  part,  and  the  faid   Ahver 

Bain,  of  the  other  part,  he  the  faid  Ephraim  Fane,  for 
the  confideration  therein  mentioned,  did  demife,  grant, 
leafe,  fet,  and  to  farm  let,  \_as  penned  in  the  leasie^  im- 
io  the  faid  Abner  Bain,  all  that  meiTuage,  ^c.  fituate, 
^c.  l^pttrsue  the  %vords  of  the  lease  for  the  description^ 


i 


ASSIGNMENT.  109 

Jc.']  To  hold  unto  the  faid  Abner  Bain^  his  executors, 

ydminillrators  and  adigns,  from  the day  of ^ 

then  iall  pad,  for  and  during,  and  unto  the  full  end  and 
term  oi forty-four  years  from  thence  next  enfuing',  at 

and  under  the  yearly  rent  of dollars,  payable  in 

manner  as  therein  is  mentioned,  and  fubjectto  the  co- 
venants therein  contained,  as  in  and  by  the  faid  in  part 
recited  indentureof  leafe,  relation  being  thereunto  had. 
Mill  more  ful'y  appear  :  Now  this  indenture  witnclleth, 
t\\2Ltl\i^^-i\\d  Abrur Bain  for  and  in   confideration   of 

the  fum  of dollars,  to  him   in  hand  paid   bv  the 

faid  6^7 /t'/>  /}ci<^%  at  or  before  the  fealing  and  delivery  of 
tliefr  pre  fents,  the  receipt  wh.ereof  he  the  faid  jibner 
Bain  doth  hereby  acknowledge,  and  thereof  and  there- 
from dv)th  acfjuit,  releafe  and  difcharge  the  fiiid  Caleb 
Doe,  his  executors,  adminiib-ators  and  affigns  forever, 
by  thefe  prefents,  hath  granted,  bargained,  fold,  allign- 
ed,  transferred  and  fet  over,  and  by  thefe  i^refents  doth 
grant,  bargain,  fell,  affign,  transfer  and  fet  over  unto 
the  faid  Caleb  Doe,  his  executors,  adminihrators  and 
uiTiirns,  All  that  the  A\id  meiVuage  or  tenement  and  pre- 
mifes  above  mentioned  to  be  demifed  and  leafed  to  him 
the  f  lid  Abner  Bain,  in  and  by  the  faid  recited  inden- 
ture of  leafe  as  aforefaid,  and  every  part  and  parcel 
thereof;  and  alfo  all  the  eihitc,  right,  title,  intereft, 
term  of  years  yet  to  come  and  unex])ired,  property, 
benefit,  advantage,  claim  and  demand  whatfoever  of 
him  the  faid  Abner  Bain^  of,  in,  and  to  the  f:\me,  or  of, 
]n,  or  to  any  part  or  parcel  thereof,  together  with  the 
faid  recited  indenture  of  leafe  ;  To  have  and  to  hold 
the  faid  mefTuage  or  tenement  and  premifcs  abovemen- 
tioned,  and  hereby  granted  and  afhgncd,  or  meant  and 
intended  fo  to  be,  and  every  part  and  parcel  thereof 
with  the  appurtenances,  together  ^^  ith  the  faid  recited 
indenture  of  leafe,  unto  the  faid  Caleb  Doe,  his  execu. 
tors,  adn^iniftrators  and  aHlgns,  for  and  during  all  the 
reft,  refiduc,  and  remainder,  yet  to  come  and  unexpir- 


110  A  S  S  I  G  N  M  E  N  T, 

ed  of  and  in  the  faidtcrm  o[  forty -four  3^ears,  in  and  by 
the  l\iid  in  part  recited  indeniure  of  leaie  granted  in  as 
full,  large,  ample  and  beneficial  manner  and  form,  to 
all  intents  and  purpofes,  as  he  the  faid  Abner  Bain,  his 
executors,  adminifliators  and  afligns,  might,  ihould, 
could,  ort^^ight  to  have  had,  held  and  enjoyed  the  fame, 
by  virtue  or  means  of  the  laid  in  part  recited  indenture 
of  leafe,  or  other  wife  ho\vfoever.  And  the  fa:d  Abner 
J^ain  i:yr  himfeif,  his  hejrs,  executors,  and  adm-niftra- 
tors,  doth  covenant,  promife  and  agree  to  and  Vv'ith  the 
Hiicl  Caleb  Doe^  his  executors,  adminiilrators  and  af- 
figx^^s,  oy  liitfe  prcfents,  in  manner  and  foim  following, 
thai  is  to  fay,  that  for  and  notwithllanding  any  act, 
matter  or  thing,  by  him  had,  made,  done,  committed, 
or  wittingly  or  willingly  fuife.edto  the  contrary,  the 
faid  recited  indenture  of  leafe,  is  at  the  time  of  the 
fealingand  c!eli\*ery  of  thefe  prcfents  a  good  and  effec- 
tual leafe,  valid  in  the  law,  of  and  for  the  faid  premifes 
thereby  demifed,  and  in  no  wife  furrendered,  forfeited, 
or  become  void  or  voidable  in  the  law  :  And  that  he 
the  (aid  Abner  Bain,  for  and  notwithlianding  any  fuch 
a-8:,  matter  or  thing  as  aforefaid,  now  hath  in  himfeif 
good  right,  full  power,  and  lawful  and  abfolute  autho- 
rity to  l>argain,  fell,  aflign  and  fet  over  the  faid  recited 
indenture  of  leafe,  and  the  faid  melTuage,  tenement, 
and  premifes,  with  the  appuitenar^ces,  unto  the  laid 
Caleb  Doe,  his  heirs,  executors,  admin iftrators  and  af- 
figns,  in  manner  and  form  aforefaid  :  And  alfo  that  he 
tlie  faid  Caleb  Doc,  his  executors,  adminiftrators  and 
affigns,  fliail  and  lawfully  may,  from  time  to  time,  and 
at  all  times  hereafter,  for  and  during  all  the  reft,  refi- 
dueand  remainder  yet  to  come  and  unexpired  of  the 
faid  term  o^.  forty -four  years  in  and  by  the  faid  recited 
indenture  of  leafe  granted,  peaceably  and  quietly  have, 
hold,  occupy,  poffefs  and  enjoy  the  faid  mefTuage  or 
tenements,'and  all  ind  fingular  other  the  premifes  here  • 
ia  before  mentioned  or  intended  to  be  hej:eby  affxgoeds 


ASSIGNMENT.  lH 

\vith  their  and  every  of  their  appurtenances,  without 
the  lawful  let,  trouble,  damage,  moleilalion,  e\ic\ion, 
difturbance,  hindrance  or  interruption  of  or  by  him  the 
faid  Abncr  Bain^  \us^  txcoutors,  adminillratars,  o^  af- 
iigns,  or  of  or  by  any  other  perfon  or  perfons  lawfully 
claiming  or  to  claim  from,  by  or  under  him,  them  or 
any  of  them,  or  b}  his,  their,  or  any  of  their  a6\,  means, 
confenc,  neglett,  default,  privity  or  procurement ;  and 
that  free  and  clear,  freely  and  clearly  acquitted,  exon. 
eratedanxl  difeharged,  or  by  him  the  Hiid  Abner  Bain, 
his  executors,  adniiniilrators  or  alTiyns,  well  and  fufti- 
ciently  faved,^  defended,  kept  harmlefs  and  indemnified 
of,  from  and  againft  all  and  all  manner  of  former  and 
other  gifts,  grants,  bargains,  fales,  Icafes,  afLgnmcnts, 
furrenders,  forfeitures,  rents,  arrearages  of  rents,  and 
of  and  from  all  other  eftates,  titles,  troubles,  charges 
and  incumbrances  had,  made,  committed,  done,  or 
■wittingly  or  willingly  fufFercd,  or  to  be  had,  made,com- 
miued,  done,  or  wittingly  or  willingly  fuffered  by  hira. 
the  faid  Abncr  Bain^  or  by,  through,  w  ith  or  under  his 
a6\,  means,  confent,  privity,  neglect,  default  or  pro- 
curement :  And  further,  that  the  faid  Abner  Bain,  his 
executors,  adminiRrators  and  afligns,  and  all  and  every 
other  perfon  or  perfons  lawfully  having  or  claiming,  or 
to  claim  any  eilate,  right,  title  or  intercil,  of,  in,  to,  or 
out  of  the  faid  hereby  afiigned  premifes  or  any  part 
thereof,  by,  from  or  under  him,  lliall  and  will  from 
time  to  time,  and  at  all  times  hereafter,  at  the  rcaibn- 
able  requeit  and  at  the  proper  colls  and  charges  in  the 
law  of  the  faid  Caleb  Doe^  his  executors,  adminiftrators 
or  afligns,  make,  do,  and  execute  all  and  cver\  fuch 
fuither  and  odicr  lawful  and  reui'onabic  a6l  and  acls, 
thiig  and  things,  al'Airance  and  aifurances  in  the  law 
V  hatfoever,  for  the  further,  better  and  mo'  e  abfolute 
aflij^iiing,  confirming  and  aifuring  of  ihe  faid  mtffu  age 
*"^^  ortenements  and  prcmifeshereby  aHigned  w  iththeir  ap- 
^purtenances,  unto  the  faid  Cahb  JOoe^  his  executors. 


il2  ASSIGNMENT. 

adminiftrators  and  afiigns,  for  an-:!  during  all  the  refiduc 
and  remainder  ot"  the  laid  term  oS.  forty -four  yeais, 
which  ihall  be  then  to  come  and  unexpiicd,  as  by  the 
faid  Caleb  Dgc\  his  executors,  adminillrators  or  aiiigns, 
or  his  or  their  counfel  learned  in  the  law,  Ihall  be  rea- 
fonably  advifed,  devifed  or  required  ;  lb  as  fuch  further 
alTurances  and    conveyances  continue  or  extt  nd  to  no 
further  or  other  warranty  or  covenant,  than  againil  the 
a6ls  of  the  perfon  or  perfons  making  the  fame  ;  and  fo 
as  fuch  perfon  or  perfons,    who   fhall  be  required  to 
make  the  fame,  be  not  compelled  or  compellable  to  go 
or  travel  from  their  refpe6live  places  of  abode  for  the 
doing  thereof.     And  the  faid  Caleb  Doe^  for  himfelf, 
his  heirs,  executors,    adminillrators  and  afiigns,  doth 
covenant,  promife  and  agree  to  and  with  the  faid  Abner 
Bain^  his  heirs,  executors  and  adminillrators,  by  theie 
prefents  in  manner  and  form  following,  that  is  to  fay, 
that  he  the  faid  Caleb  Doc,  his  heirs,  executors,- ad- 
minillrators or  afiigns,  or   fome  of  them,    fliall  and 
will,  from  time  to  time  and  at  ail  times  hereafter,  well 
and  truly  pay  the  rent,  and  perform  the  covenants  and 
agreements  in  the  faid  recited  indenture  of  leafe  referv- 
ed  and  contained,  which  on  the  tenant's  or  leffee's  part 

from  the day  of are  and  ought  to  be  paid 

and  performed,  according  to  the  true  intent  and  mean- 
ing of  the  faid  indenture  of  leafe  ;  andthereof,  and  there- 
from, and  of,  from  and  againfl  all  a6lions,  fuits,  colls, 
charges,  expefifes,  troubles,  damages  and  demands 
■whatfoever,  which  fhall  or  may  arife,  happen,  be  com- 
rnenced  or  profecuted  againil  the  faid  Abner  Ba'in^  his 
heirs,  executors,  adminiftrators  or  affigns,  or  which  he, 
they,  or  any  of  them,  lliall  or  may  fuflain,  fuffer,  or  be 
put  unto,  for  or  by  rcafon  or  means  of  the  non-pay- 
ment of  the  rent,  or  the  breach  or  nonperformance  of 
the  faid  covenants  or  agreements,  or  any  of  them,  fball 
and  will-at  all  times  hereafter,  well  and  iiifficiently  fave, 
defend,  keep  Imnnlefs  and  indemnified  the  laid  Abner 


ASSIGN  ME  NT.  il3 

Bain,  his  heirs,  executors,  and  adminiftrators,  forevei;, 
by  thtfc  pi  efents.  In  witnefs  whereof,  Is'c. 

%cr  An  authority  or  trull  cannot  be  affigned  Over» 
iinlefs  it  be  granted  to  one  and  his  aflii^-ns,  and  then  it 
miifl:  be  in  writing.  Matters  of  eafc  and  pleafurc 
£;ranted  to  a  perfon,  cannot  be  affigned,  as  to  go  to 
church  over  my  ground,  to  live  at  my  table,  &:c.  but 
generailyfpeakingmattcrs  of  profit  may  be  granted  overj,. 

Of  a  Bojid  and  Mortgage  after  judgment  did  execu^ 
t'lon^  and  part  of  the  debt  paid. 

This  inricnturc  made  the day  of — ^,  betweea 

Oeorge  /vV.v,  and  Caleb  Cone,  executors  Sj:c.  oS.  Henry 
P.ex^  deceafed,  of  the  one  part,  and  Martin  Gates  of 
,  of  the  other  part. 

Whereas  Andreix)  Eaton,  of -^ ,  in  and  by  a  certain 

cbligatio'i  or  >vritip.g  obligatoiy,  under  his  hand  and 
feal,  fUily  executed,  bearing  date,  &c.  became  bound 
unto  thr  faid  Ilrury  Rex,  in  his  life  time,  in  the  fum  of 
.  conditioned  for  the  payment  of ,  on  or  be- 
fore Sec.  as  in  and  by  the  faid  recited  obligation  and 
condition  thereof  fully  appears.  And  whereas  the  faid 
Andrew  Eaton,  by  wa}'  of  collateral  fecurity  for  the 
aforefaid  debt  and  intereft,  in  and  by  a  certain  indenture 
of  mortgage,  bearing  date  Sec.  for  the  confiderations 
therein  mentioned,  did  grant,  bargain  and  fell,  unto  the 
faid  George  J^ex,  and  Caleb  Cone^  as  executors  afore- 
faid, and  to  their  heirs  and  afiigns,  a  certain  tra61:  of 

land  called -,   htuatc   &.C.  containing acres, 

,being  bounded,  &cc.  Alfo  a  certain  other  trafV,  8*c. 
together  with  their  and  every  of  tlieir  appurtenances  to 
hold  to  them  the  faid  George  Rex,  and  Caleb  Cone, 
their  heirs  and  affigns  forever,  w'ith  this  provifo,  That 
tjje  fame  indenture  and  the  eftate  aud  ettates  thereby 
[15  ] 


(^ 


114  A  S  S  I  G  N  M  E  N  T 

granted,  and  the  faid  recited  obligation  flioiild  becotfte 
void  on  pa}  meat  of  the  mortgage  monies  and  intereft 
aforefaid,  as  in  and  by  the  laid  recited  indenture  oi 
mortgage  duly  recorded  in  Dauphin  county  more  at 
large  appears.  And  v\  hereas  judgment  for  the  faid 
debt,  interell  and  coits  hath  been  obtained  in  the  court 
of  common  pleas  for  the  liiid  county  oi  Dauphin,  a- 
gainll  him  the  faid  Andreiv  EatoUy  at  the  fuit  of  the 
faid  George  Rex^  and  Caleb  Cone,  executors  as  afore- 
Itiid,  upon  which  judgment  execution  hath  been  iflued 
and  fued  forth,  and  the  faid  execution  is  now  in  the 
hands  of  the  ilieriff  of  the  county  oi  Dauphin  aforefaid. 
And  whereas  the  fakl  Andre\'j  Eaton  hath  only  paid  tha 
fum  of  — 1^,  on  account  of  the  principal  debt  and  in- 
terell aforeliud,  fo  that  there  yet  remains  due  the  prin- 
cipal fum  of——,  belides  ■ interell  accrued  there  =- 

on,  to  the  day  of  the  date  hereof.  Now  this  indenture 
Xvitneffeth,  that  the  faid  George  Rex  and  Caleb  Cone,  as 
executors  aforefaid,  for  and  in  confideration  of  the  faid 

fum  of ,   bahmce   of  the  principal  debt  aforefaid, 

■sand interell  unto  them  w  ell  and  truly  paid  by  the 

i'aid  Martin  Gates,  at  or  before  the  fcaling  and  delive- 
ry hereof,  the  receipt  whereof  they  do  hereby  acknow- 
ledge, have  granted,  bargained,,  fold,  affigned  and  fet 
over,  and  by  tbefe  prefents  do  grant,  bargain,  fell,  allign 
and  fet  over  unto  the  faid  Martin  Gates,  his  heirs,  ex- 
ecutors, adminiflrators  and  affigns,  the  aforefaid  recit- 
led  obligation  and  the  warrant  of  attorney  thereunto  an- 
3iexed,  and  the  faid  recited  indenture  of  mortgage,  and 
till  and  every  the  fum  and  fums  of  money  which  on  the 
.day  of  the  date  hereof  are  due  and  parable  thereupon, 
and  which  Ihall  or  may  hereafter  accrue  and  grow  due 
and  payable  thereupon,  aixl  alfo  the  aforefaid  two  feve- 
ral  defcribed  tra^s  of  land  and  prcmifes  with  the  ap- 
purtenances, mortgaged  as  aforefaid  ;  and  alfo  the  a- 
forefaid  judgment  and  execution,  and  all  the  monies 
l!;9W  4ue  or  jjereafter  to  become  due  and  payable  there* 


I 


ASSIGNMENT.  115 

upon,  and  the  benefit  and  advantage  thereof,  and  all 
the  eftate,  right,  title,  interelland  demand  of,  in  and  to 
the  laid  recked  obligation,  indenture,  landb  and  monies 
hereby  alhgned  ;  and  alfo  of,  in  and  tp  the  faid  judg- 
ment and  execution  which  they  the  laid  George  Rey: 
and  CaUb  Coiic^  as  executors  aforefaid,  now  have  or 
ought  to  have  or  ehiim.     'I'o  have,  hold,  receive,  take 
and  enjoy  the  faid  obligation,  indenture  of  m.ortgage, 
and  the  faid  lands  thereby  granted,   and  the  faid  judg- 
ment and  execution,  andall  the  monies  hereby  aflignedT 
unto  the  faid  Martin  Gatcs^  to  the  only  ufe  and  behooC 
of  the  faid  Mdrtin  Gates^  liis  heirs,  executors,   admi- 
niflrators  and  afligns  for  ever,  and  at  his  and  their  fole 
xifque — Subje(5l  to  the  right  of  redemption  of  the  faidl 
Andrew  Eaton,  his  heirs  and  afligns,  by  payment  of  the 
principal  monies   and  interefl  now  due  or  to   become 
-due  thereupon.  And  itishercby  agreed, that  they  the  faid 
George  Rex  and  Caleb   Cone,  as  executors  aforefaid, 
or  otherwifc,  or  the  eilate  of  the  faid  Henry  Rex   de- 
ceafed,  fliail  not  in  any   wife  ho\\foever  be  refponfiblc 
or  accountable  for  any  lofs,  deficiency  or  damage  which 
XhQ{i\\(\  Alar  tin  Gates,   his  heirs,   executors,   admini- 
flrators  or  afiigns  fliail  or  may  fullain  or  fuffer,   by  rea- 
fon  of  this  aflignmen",  or  in  cafe  the  faid  Andreiv   Ea^ 
ton  fliould  prove  ir.folvent,  or  his  title  to  the  faid  ^rt- 
gaged  lands  and  premifes  prove  defeBi\  e.     In  witnefs 
whereof  the  faid  parties  to  thefc  prefents  have  inter- 
changeably let  their  hands  and  feals  hereunto.    Dated 
-the  day  and  year  firll  before  written. 


Of  an  Apljr entice. 

To'all  to  whom  thefe  prefents  fliail  come,!  Abel  Man,  of 
,  fend  greeting.   VVhereas  my  apprentice  Andreiv 


Pool,  hath  divers  years  yet  to  come  and  unexpired  of 
•bis  apprcnticelhip,  to  wit, whole  years  froiia  V^e 


l6  A  S  S  I  G  N  M  E  N  T. 

day  of now  lail  paft,  as  by  his  indenture  of 


apprenticelhip  to  me  feaitd  doth  appear  ;  Now  know 
yc,  that  1  the  laid  .'-.fti  Man,  ioi  divers  good  cauftb  and 
coniiderations  me  hereunio  movnig,  hiive  given,  grant- 
ed, aiiigned,  ana  fet  over,  and  by  ihefe  prei'ents  uo  luU 
ly  and  abfolutely  give,  grant,  aflign  and  fet  over,  unto 

J4bner  Stout,  oi  ■ ,  ail  fuch  right,  titie,  dut) ,  term 

ot }  ears  io  come,fervice  and  demand  uhatfoever,^^'hich. 
1  the  iliid  Abti  Man  have  in  or  lo  the  faid  Andrew 
jPbol,  or  which  i  may  or  ought  to  have  in  him  by  force 
and  vu'iLie  oI'dTie  faid  indenture  of  apprenticefliip.  And 
moreover  1  die  f^id  Abel  Man,  do  by  thtfe  prefents 
covenant,  promife,  anci  agree  to  and  with  the  faid  Ab- 
ncr  Stout,  his  executors  and  adminiilrators,  that  not- 
withflanding  any  thing  by  me  the  faid  Abel  Man,  to  be 
done  to  the  contrary. the  faid^^/zr/rt'-iu Poo/  ihall, during 
the  faid  term  of--* — •  years,  well  and  truly  ferve  the 
faid  Abner  Stout  as  his  mafter,  ar.d  his  commandments 
lawful  and  honell  flnali  do,  and  from  his  fei  viee  Ihall 
not  abient  himfelf  during  the  faid  teini.  Provided  that 
the  faid  Ahier  Stout,  ftiali  well  intreat  and  v.ie  him  the 
laid  Andreiv  Pool,  and  him  tht  faid  Audrcnv  Pool  in  the 
craft,  mvftery  and  occupation  o^  i\  blacksmith,  Axhich 
he  the  Hiid  Abner  Stout  now  ufeth,  after  the  bell  man^ 
lierlftiat  he  can  or  may,  fliall  teach,  inftiufl,  and  in- 
form, or  caufe  to  be  taught,  infirutted  and  informed, 
as  much  as  thereunto  beiongeth,  or  in  any  \vife  apper- 
taineth,  and  Ihall  alio  aurirg  die  fame  term  find  and  al- 
low  unto  the  faid  Afia'rew  Pool,  fufficient  meat,  drink, 
apparel,  waihing,  lodging,  and  all  other  things  needful 
or  meet  for  an  apprentice.     In  vvitnefs,  &c<, 

y4not/jer. 

Know  all  men  by  tli^fe  prefents,  That  I,  the  withirt 
named  Michael  Myer,  for  divers  good  caufes  and  con- 
fiderationsj  have  affiled  and  let  over,  and  by  tliefiJ 


ASSIGNMENT.  117 

prefents  (as  far  as  I  lawfully  may  or  can)  Do  aflign  and 
let  over  tlic  within  inckiilLuc,  and  the* apprentice  there- 
in ncimett,  unto  V/iUiam  IVin^b'ip^  his  executors,  ad- 
mniiltrators  and  alligiis,  for  the  reliduc  of  the  term 
withni  mentioned,  he  and  they  performing  all  and  hn- 
gular  the  covenants  therein  contained  on  my  part  to 
be  kept  and  ];ci formed,  and  indemnifying  me  from  th& 
I'umc,     lu  witnels,  &c. 


Of  a  Sernant, 

In  conllderation  of  the  fiim  of -,  I  do  hereby  af- 

fign  and  fct  over  the  witl/in  iirrvant,  to  fcrve  Caleb  Doe, 
his  executors,  adminiitrators  and  afligns,  for  the  refi- 
due  of  the  term  within  mentioned.  \\'itnefs  my  hand 
and  feal,  Ei;V. 

N.  B.  This  muftbe  done  before  a  jufticc  of  peaqe. 
See  Rcad''s  Dig,  347. 


In  trust  for  Creditors, 

This  indenture,  of  three  parts;,  ^c.  between  Joseph 

Gcor^c\  of ,  qf  the  full  part ;  John  llec^  of , 

Fetcr  CtoTj^  of ,  and  Uu-vid  licll^  of ,  of  the 

fecond  part ;  and  all  other  the  ci  editors  of  the  faid  Jo- 
seph George^  who  fliall  have  figned  and  fettled  thefe 
prefents,  of  the  third  part  :  \\hereasthe  faid  Joseph 
George,  on  the  day  of  the  date  hereof  is  juftly  and  truly- 
indebted  unto  his  laid  creditors  refpertively,  in  tlie  fe- 
veral  fumsin  tlie  fchcdule  liereunto  annexed,  mention- 
ed, w  hich  by  reafon  of  divers  lolfes  and  misfortunes 
he  is  unable  to  make  full  payment  and  iatisfaclion  for  : 
And  \^hereasthe  faid  Joseph  George  hath  confented 
and  agreed  to  transfer  and  aiTii^n  all  and  lingular  the 
mercery  goods,  debts,  fum  and  fums  of  money  36  arc 


lis  A  S  S  I  G  N  j\I  E  N  T. 

pow  due,  owing,  or  belonging  to  him,  in  trull  only,  for 
all  fuch  of  his  faid  creditors,  who  (hiiW  fign  and  feal 
thefe  prefents  towards  payment  and  fatisfaclion  of  their 
feveral  refpe6live  debts,  without  any  undue  preference: 
Na\v  this  indenture  witneifeth,  that  the  laid  Joseph 
George,  for  and  towards  payment  and  fatisfadtion  of 
the  feveral  and  refpeetive  debts  of  all  fuch  of  his  faid 
creditors,  and  in  confideration  of  the  fum  of  five  fliil- 
lings  of  lawful  money  of  the  United  States,  to  the  faid 
Joseph  George,  in  hand  by  the  Utid  Joh7i  Bee,  Peter 
Crow,  and  Da'uid  Bell,  at  or  before  thefealingand  des 
livery  of  thefe  prefents^  well  and  truly  paid  ;  the  re« 
ceipt  whereof  is  hereby  acknowledged,  hath  granted, 
bargained,  fold,  afiigned,  transferred  and  fct  over^  and 
by  ihefe  prefents  doth  grant,  bargain,  fell,  affign,  trans- 
fer and  fet  over  unto  the  faid  John  Bee,  Peter  CroiVy 
tm6.  Daiiid  Bell,  all  and  ftngular  the  mercery  goods, 
debts,  fum  and  fums  of  money  due,  owing,  or  belong- 
ing to  the  faid  Joseph  George,  and  all  fecurities  had, 
taken,  or  obtained  for  the  Jame,  and  alfo  all  the  right, 
title,  intereft,  claim  and  demand  whatfoever  of  him  the 
faid  Joseph  George,  of,  in,  or  to  the  fame,  or  any  part 
thereof.  To  have  and  to  hold,  receive,  and  take,  all 
and  fmgular  the  faid  mercery  goods,  debts,  fum  and 
fums  of  money  hereby  afiigned,  or  mentioned,  or  in- 
tended fo  to  be,  with  their  and  every  of  their  appurte- 
nances, unto  the  [-did  John  Bee,  Peter  Crow,  and  David 
Bell,  their  executors,  adminiftrators  and  affigns,  from 
henceforth  for  ever  ;  Upon  truft  neverthelefs,  and  to 
the  intent  and  purpofe  that  they  the  faid  John  Bee^  Pe- 
ter Crow,  and  David  Bell,  their  executors  and  ad- 
miniftrators, do,  and  (hall,  with  all  convenient  fpeed, 
make  fale  and  difpofition  of  the  faid  mercery  goods, 
.for  the  moft  and  belt  price  tltey  can  get  for  the  fame, 
and  ufe  their  befl  endeavors  Ijy  all  lawful  ways  and 
means  to  obtain,  recover,  and  receive  into  their  hands 
and  pofreirion,^all  and  fmgular  the  liiid  debts,  fum  aud 


ASSIGNMENT.  IIS 

f^mis  of  money  due  and  owini^  to  the  faid  Joseph 
Cic'or^c'^  and  that  alter  u  deduction  of"  all  ilich  njai'ona-" 
ble  colls,  charges,  and  expenies  as  they  the  laid  John 
Bee,  Peter  Croiv,  and  David  Jie/l,  their  executors  and 
adniinillrators,  ihall  really  pay  and  expend,  relating  to 
the  ckecution  of  the  trull,  and  of  a  year  and  an  half's 
rent  to  Simon  Old,  esq.  for  the  dwelling-houTe  of  the 

faid  yoi-t'/*/^  6Vo7-^f ,  fituate  in ,  to  become   due  a!: 

Cbrisfvias  riext,  then  upon  truil,  that  all  the  remainder 
of  all  fuch  mercery  ^oods,  debts,  ilun  andfums  ofmo- 
pey  lb  belonging  to,  and  due  and  owinj^  to  the  faid 
Joseph  George^  and  which  fliall  be  had,  recovered,  and 
received  by  them  the  faid  John  Uce,  Peter  Croiv,  and 
DciDid  Bell,  their  executors  or  adminiilrators,  by  vir- 
tue of  thefe  prefents,  Ihall  be  diltributed  and  divided 
imto  and  amongft  the  laid  John  Bce^  Peter  Cro'ijj^  and 
JJa-i'id  Bell,  their  executors,  and  adminiilrators,  and 
all  the  other  creditors  of  the  faid  Joseph  George^  who 
fhall  have  ligncd  and  fealed  thefe  prefents  cqiial.'y  and 
proportionabiy,  according  to  iheir  rcf}jec1;ive  debis,  in 
the  fchediile  annexed,  mentioned,  and  to  and  for  no 
other  ufe,  intent,  or  puipofe  whatfoever.  And  for  l4ie 
better  and  more  ealy  getting  in  and  receiving  of  all  and 
every  tlie  debt  and  debts,  fum  and  funis  of  money  now 
due,  owing,  or  belouLring  unto  the  faid  Joseph  GVy/'gc  ; 
the  foid  Joseph  George  hath  made,  ordained,  conili. 
tuted,  and  appointed,  and  by  thefe  prefents  doth  make, 
©rdain,  conftitute,  and  appoint  the  faid  Jai>n  Bte,  Pe- 
ter Cro\v,  and  Ddvul  Bell,  their  executors  and  admi- 
niilrators, his  true  and  lawful  attornies  ij'revocable,  in 
the  name  of  him  the  fuid  Joseph  George,  or  in  their 
©vvn  name  or  names,  or  otherwilc,  but  to  and  for  the 
Oinly  proper  ufe  and  benefit  of  them  the  faid  John  Bee^ 
Peter  Crow,  and  Dai: id  B^ll,  and  all  fuch  of  the  faid 
creditors  of  the  faid  Joseph  Geor^e^  who  Ihall  lign  and 
leal  thefe  prefents,  to  alk,  demand,  fue  for,  recover  and 
rjsctive,  of  aujl  frojjTi  all  and  every  peifon  and  perfoiis 


120  A  S  S  I  G  N  M  E  N  T. 

any  ways  indebted  to  the  faid  Joseph  Gcor£r^t%  all  and 
every  lum  and  iunis  of  money  by  them  rcfpectivcly 
due  and  owing  unto  the  faid  Joseph  Gcor^c^  in  trull  ne- 
vertheiefs,  to  and  for  the  ufcs  aforefaid,  and  upon  the 
receipt  thereof,  or  of  any  part  thereof,  acquittances  or 
other  difcharges  in  the  name  of  him  the  faid  Joseph 
George,  his  executors  or  adminiftrators,  or  in  the  faid 
truitees  own  name  or  names,  to  make,  and  give,  and 
for  default  of  payment  thereof,  or  of  any  part  thereof 
the  faid  feveral  perfons  every  or  any  of  them,  to  fue, 
profecute,  imprifon,  and  implead,  and  to  compound 
and  agree  for  all  or  any  of  the  faid  debts,  as  they  or  the 
furvivor  of  them  fliall  fee  occahon  ;  and  upon  fuch 
compofition  or  other  agreement  the  faid  perfons,  or  any 
or  either  of  them  out  of  pnfon  to  deliver,  and  alfo  for 
the  purpofes  aforefaid  one  or  more  attorney  or  attor- 
iiies,  under  them,  and  the  furvivor  of  them,  to  conili. 
tute  and  appoint,  and  to  do  and  perform  all  and  every  / 
fuch  further  and  other  lawful  and  reafonable  adl  and 
a6ts,  thing  and  things,  as  fliuU  be  neceffary,  fer  the  bet- 
ter and  morefpeedy  recovering  and  getting  in  the  faid 
debt  and  debts,  fum  and  fums  of  money,  and  every  of 
them  :  And  the  iliid  Joseph  George  for  himfelf,  his  ex- 
ecutors and  adminiftrators,  doth  covenant,  -promife, 
and  agree  to  and  with  the  faid  Joh?i  Bee,  Peter  Croiv^ 
and  JJaDid  Ikll^  their  executors  and  adminiftrators, 
by  thefe  prefents  in  manner  and  form  following,  that 
35  to  fay,  that  he  the  faid  Joseph  George,  or  any  other 
perfon  or  perfons,  by  his  order  or  for  his  ufe  ihall  not 
nor  will  at  any  time  hereafter  make,  do,  commit,  or 
fuffer  any  a(5l,  matter,  or  thing  whatfoever,  to  releafe 
or  difchargeany  the  debt  or  debts,  fnm  or  fums  of  mo- 
ney  due,  and  owing  unto  him  the  faid  Joseph  George^ 
as  "aforefaid,  or  any  part  thereof,  nor  (hall  nor  will  re- 
voke the  power  and  authority  hereby  given,  nor  ob- 
ftru6lnor  hinder  the  faid  Joh?t  Bee,  Peter  Crow,  and 
David.  Bell,  or  any  or  either  of  them,  in.  the  recover = 


ASSIGNMENT,  121 

ing,  receiving;;,  and  getting  in  the  fame,  but  ilmll  and 
Will  permit  and  iufili  the  hud  John  Bcc,  I'ctcr    L/oWp 
and  David  Bcll^  their  executors  and    adminiilrators, 
and  every  of  them,  peaceably  and    quietly  to  recover 
and  receive  all  and  lingular   the  faid  debis,  fum   and 
funis  of  money,  to  and  lor  fuch  ufe  and  benefit  as  afore- 
faid,  hereby  ratifying  and  allowing  all  and   whAtfoever 
the  faid  John  Bcc\  Peter  Cro'ii\  and  David  Bcll^  their 
eivccutors  or  admmillrators,  ihali  huvfully  do,  or  caufe 
to  be  done,  in  and  about  the  premifes,  by  virtue  of  diefe 
prefcnts  :  And  further,  that  he  the  i'd,\i\  Joseph  George^ 
at  the  requcll,  colts,  and  charges  of  the  laid  creditors^ 
fhall  and  will  from  time  to  time  and  at  all  times  hereaf-' 
,t.er,  make,  do,  and  execute,  all  and  every  fuch  hirther 
and  other  acts,  matters,  and  things,  for  the  further  and 
better  alligning  and  alluring  all  and  hngular  the  pre- 
mifes Ik  reinbefore  menlioned  or  intended  to  be  here- 
by alligned,  to  and  for  the  ufes,  intents,  and  purpofes 
hereinbefore  exprelled  as  by  their  or  ;my  of  their  coun- 
fel  learned  in  the  law,  lliall  be  reafonabiy  adviled  or 
required  :    And  that  he  the  faid  Joseph  George,  his  ex- 
ecutors and  adra'vnlliators,  lliall  and  uill  from  time  to 
time,  and  at  all  timrs  hereafter,  as   often  as  there  Ihallj, 
be  occafion,  upon  every  reafonable  requell  or  notice  to 
him  or  them  given  by  tliefaid  Jo/yn  Bcs^  Peter  Crow, 
and  David  Bell,  or  fome  ordne  of  therm.  '^^'^.  tlier^  in 
making  up  his  accounts,  and  in  the  le 
putes  that  Ihall  at  any  time  hereafter  a  ac  or  ii.;:.  •rji 
touching  or  concerning  any   of  the  debts  or  films  of 
money  whatfoevcr,  due  and  oAving  to  the  faid  Joseph 
George,  and  alfo  in  the  proving  and  gerting  in  of  tne 
laid  debts,  accordingto  the  bell  of  his  po\\er  .jkI  abili  y : 
And  the  faid  John  Bee,  Peter  Crow,  and  David  Bell,- 
for  thcmfelves  feverally,  and  not  jointly,    and  for  their 
feveral  and  refpcclive  executors  and  adminiftrators   do 
and  each  and  every  of  them  doth  covenant,  promife, 
and  agree,  to  and  with  the  other  creditors  of  the  faid 

[  16  J 


122  A  S  S- 1  G  N  jM  E  N  T. 

Joseph  George  by  thefe  prefents,  fliat  they  the  iaict 
tfobiiBee^  Peter  Croiv^  ^\\d  David  Bell^  their  execu- 
tors and  adminiftrators,  fliall  and will  from  time  to  time 
and  at  all  times  hereafter,  as  often  as  they  fliall  be  there - 
imto  required  by  the  faid  creditors,  or  any  three  or 
more  of  them  whofe  debts  fhall  amount  in  the  whole  to 

,  or  upwards,  make,  render,  and  give  unto  him, 

iier,  or  them  demanding  the  fame,  a  juft  account  of  ail 
fuch  fum  and  fums  of  money  as  fliall  be  by  them  or 
either  of  them  received  or  got  in,  for,  or  upon  the  ac- 
count of  the  mercery  goods,  .debts,  ium  and  fums  of 
jiioney  fo  belonging,  due,  and  ow-ing  to  the  faid  Joseph 
George^  together  with  the  time  when,  and  alfo  the  names 
of  the  perfons  of  whom  any  money  (liall  be  received^ 
gild  where  they  live,  and  alfo  fliall  and  will  upon  re^ 
queft  and  notice  to  them,  or  the  furvivors  or  furvivor 
of  them,  given  by  all  the  other  creditors  of  the  faid  Jo- 
seph  George   (or  any  three  or  more   of  them,  whofe 

debts  in  the  w  hole  fliall  amount  to ,  or  upwards) 

well  and  truly  pay,  diftribute,  and  divide  the  fame  unto 
and  amon  git  them  the  faid  Jo/j71  Mee^  Feter  Croiv ,  and  Da- 
I'id  Bell,  and  all  and  every  of  the  other  creditors  of  the  laic! 
"Joseph  George,  who  fliall  have  ligned  and  fealed  thefe 
prefents  as  aforefaid,  and  fo  from  time  to  time,  and  at 
all  times  hereafter,  pay,  diflribute,  and  divide,  all  fuch 
monies  as  fliall  be  received  and  gotten  in  by  them  the 
faid  John  Bee,  Peter  Cromi^.2C!\ADaiiid Bc'll,  their  ex- 
ecutors or  adminiftrators,  as  often  as  the  other  creditors 
of  the  faid  Joseph  George  fliall  defire  and  demand  the 
fame,  to  and  amongft  themfelves,  and  all  and  every  of 
the  other  creditors  of  the  faid  Joseph  George  as  afore- 
faid, fhare  and  fliare  alike,  according  to  the  propor- 
tions of  their  feveral  and  refpeclive  debts  :  And  alfo, 
that  they  the  faid  John  Bee,  Peter  Crow,  and  Davki 
^dl,  their  executors  and  adminiftrators,  fliall  and  will 
deal  juftly  and  faithfully  according  to  their  power  and 
ability,  ikill  and  knowledge  in  the  execution  of  the 


ASSIGNMENT.  123 

tnifts  hereby  repofed  in  them  :  And  all  the  fuid  credi- 
tors, parties  to  thefe  prelents,  for  the  coniideraiion  a- 
forefaid,  and  for  other  good  caufes  and  confide  rations 
them  thereunto  moving, do,  fortherafelves  feverally  and 
refpc6lively,  and  not  jointly,  and  for  their  feveral  and 
jefpedlivc  executors  and  adminiftrators,  partners  and 
afligns,  and  not  the  one  for  the  others  a6l,or  for'the  ex- 
ecutors or  adminiftrators  of  the  others  of  them,  cove- 
5iant,  promife,  and  agree,  to  ^nd  with  the  faid  Joseph 
■Gecrs^e,  his  executors  and  adminiflrators,  and  every  of 
thembythefeprefents,  thacneither  they  thefaid  creditors, 
parties  to  thefe  prefents,  nor  their  executors  or  admi- 
3iiftrators,  partners  or  alligns,  or  any  of  them,  fliall  or 
will  in  any  manner  or  wife  fue,  arrell,  implead  or  pro- 
fecute  him  the  faid  Joseph  George^  his  executors  or 
adminiftrators,  or  any  of  them,  or  his,  their,  or  any  of 
their  goods,  chattels,  lands,  or  tenements,  for  or  upon 
account  of  any  debt  or  fums  of  m.oney  now  due  or  ow-^ 
ing  unto  them  or  any  of  them,  and  in  cafe  any  of  the 
laid  creditors,  parties  to  thefe  prefents,  their  executors 
or  adminiftrators,  partners  or  afligns,  fliall  fue,  arreft, 
imprifon,  implead  or  profccutc  the  faid  Joseph  Geoi'^e, 
his  executors  or  adminiftrators,  or  any  of  them,  for 
any  fuch  debts  due  and  owing  from  the  faid  Joseph 
Gcor^e^  as  aforefaid,  that  then  thefe  prefents  fliall  be  ;i 
fufficient  releafe  and  difcharge,  to  all  intents  and  pur- 
j)ofes  at  law  or  in  equity,  to  and  for  the  faid  Joseph 
iu'orge,  his  executors  and  adminiftrators,  and  he  and 
they  fliall  be  and  are  hereby  acquitted,  releafed,  and 
<lifeharged,  againft  them  the  Aiid  creditors,  and  every 
of  them,  their  and  every  of  their  executors  and  admi- 
niftrators, partners  and  aihgns,  who  fliall  fue,  arreft, 
imprifon,  implead, orprofecute  the  Hiid  Joseph  Geors;e, 
his  executors  or  adminiftrators,  contrary  to  the  true  in- 
tent and  meaning  of  thefe  prefents,  and  as  fuch  fliall 
and  may  l^e  pleaded  by  him  the  fiiid  Joseph  George,  his 
executors  and  adminiftrators  ;  Au4  it  is  i^reby  agreed 


124  ASSIGNMENT. 

by  and  between  all  the  faid  parties  to  thefe  prefents, 
that  they  the  laid  John  Bee,  Peter  Crow,  and  David 
^ell,  their  executors  and  adminillrators,  and  every  of 
them  ihall   and   may  be  allowed  and  paid  luch  coils, 
charges,  and  expenfes,  as  they,  any  or  either  of  them 
fliall  fuilain  or  be  put  unto,  for  or  by  reafon  of  the  ex- 
ecution and  management  of  the  truit  hereby   in  them 
repofed,  or  any  wife  touching  or  concerning  the  fame  : 
And  then  it  iliall  and  may  be  lawful  to  and  for  the  faid 
■John  Bee,  Peter  Croii\  and  David  Bell,  their  execu- 
tors and  adminiftrators,  to  acl  in  execution  of  the  truft, 
in  fuch   manner  as  they  fliall  think  fit ;    Provided   al- 
\vays,  and  it  is  hereby  agreed,  by  and  between  all^  the 
faid  parties  to  thefe  prefents,  that  none  of  the  creditors 
of  the  (liid  Joseph  George,  whofe  debts  or  part  thereof 
are  mentioned  in  the  fchedule  hereunto  annexed,  to  be 
due  on  notes  of  the  faid  Joseph  George's  hand,  or  the 
executors,  adminiflrators,   or  affigns,  of  them  or  any 
of  them,  fliall  for  or  in  refpecl  of  their  debts  refpe6live- 
ly  mentioned  in  the  faid  fchedule,  to  be  due  on  notes 
asaforefaid,  receive  any  fliare  or   proportion   of  the 
goods,  debts  and  effects  hereby  alTigned,  until  they  fliall 
have  firft  feverally  delivered  up  the  faid  notes  to  the  faid 
John   Bee,   Peter     Crovo,   David  Bell,    and    Joseph 
George,  or  to  fbme  or  one  of  them  to  be  cancelled, 
any  thing  herein  before  contained  to  the  contrary  there- 
of notwithftanding  :   And  the  feveral  creditors  of  the 
faid  Joseph  George,  whofe  debts   or  part   thereof  are 
mentioned  in  the  fchedule  hereunto  annexed  to  be  due 
on  notes  as  aforeliiid,    and  who  fliall  have   figned  and 
fealed  thefe  prefents,  for  themfelves  feverally  and  re- 
fpeftively,    and  not  jointly,  and  for  their  feveral  and 
refpective  heirs,  executors,  and  adminiftrators,  do,  and 
each  and  every  of  them  doth  covenant,  promife,  and  a- 
gree  to  and  with  the  faid  Joseph  George,  his  execu- 
tors and  adminiftrators,  by  thefe  prefents,  that  they  the 
faid  creditors  refpectively,  their  refpeclive  heirs,  exs- 


ASSIGNMENT.  125 

cutors,  and  aclminiftrators,  fliall  and  will  from  time  to 
time,  and  at  all  tmios  hereafter,  lb  far  as  concerns  their 
rcfpedivc  debts  due  to  them  from  the  faid  Joseph 
Ctur^^f,  on  notes  of  hand  as  aforeiaid,  until  the  faid 
notes  Ihall  be  fcvcrally  delivered  np  to  be  caneelled  as 
albrcfaid,  lave,  defend,  keep  harmlefs,  and  indemnified 
him  the  faid  Joseph  Gcor^Cy  h|s  executors,  and  admini- 
llrators,  and  his  and  their  goods  and  chattels,  lands, 
and  tenements,  of,  from,  and  againilthe  faid  notes,  and 
all  colls,  charges,  damages,  and  expenfcsthat  fliail  hap- 
pen or  come  to  him  or  tlv:m,  for  or  by  reafon  of  the 
non-payment  thereof  refptclively  :  Provided  a.fo,  and 
it  is  hereby  agreed  by  and  between  the  faid  parties  to 
thele  prefents,  that  in  cafe  fo  many  of  the  creditors  of 
the  faid  Jo.^cph  George^  mentioned  in  tlie  fchedule 
hereunto  annexed,  whofe  debts  in  the  whole,  amount 

unto  the  fum  of  pounds,    lliall   not  have  duly 

figncd  and  fcaled  thefe  prefents,  on  or  before  the 

day  of next  enfuing,  then  thefe  prefents  and  eve- 
ry covenant,  claufe  and  thing,  herein  contained,  fliall 
ceafe,  determine,  and  be  utterly  void,  and  of  none  ef- 
fect, and  that  then  and  in  fuch  cafe  what  monies  fliaiU 
be  received  (if  any)  bv  all  or  any  of  the  faid  creditors, 
lliall  go  and  be  repaid  unto  the  faid  Joseph  Geori^ey 
any  thing  hereinbefore  contained  to  the  contrary  there- 
of not\vithRan<ling  :  Provided  aifo,  and  it  is  agreed  by 
•and  between  tiie  faid  parties  to  thefe  prefents,  that  in 
cafe  the  faid /(9/67Z  Bee,  Pete?-  Cro-iu,  and  Dai}id  Bell^ 
any  or  either  of  them,  their,  any  or  cither  of  their  ex- 
ecutors or  adminiftrators,  lliall  receive  out  of  the  faid 
afVigned  premifcs,  more  than  fulficient  to  pay  and  dif- 
charge  all  and  fmgular  the  feveral  debts  mentioned  in 
the  fchedule  hereunto  annexed  (over  and  bcfides  de- 
fraving  the  chars:es  of  the  execution  of  the  trufls  here- 
in  repofed  in  them)  that  then  the  laid  John  Bee,  Peter 
Crow,  and  Dai'id  Bel/,  their  executors  or  adminillra- 
tQrs  lliall  and  will   at  the  rcqucll  of  the  faid  JoscpJj 


2.26  A  S  S  I  G  N  M  E  N  T . 

Ceor^c,  his  cxeraitors  or  adminiilrators,  pay  to  him  oi' 
them,  all  fuch  overplus  money,  this  indenture  or  any 
thing  therein  contained  to  the  contrary  thereof  in  any 
wife  notvvithftanding.  And  laftly,  it  is  hereby  mutu- 
ally declared  and  agreed  by  and  between  all  the  faid  par- 
ties, that  they  the  faid/oi?;?  J3ee^  Peter  Crow^  and  David 
Bcll^  as  often  as  they  or  any  of  them  fliall,  by  receipt 
of  any  of  the  faid  debts  of  the  faid  Joseph  Geor^Cy  or 
any  of  them,  or  by  fale  of  his  goods  and  effe61s  have  re^ 

ceived  the  fum  of — ,  fliali   immediately  pay  the 

fame  into  the  bank  of- ,  there  to  remain  until  a  di- 
vidend fliall  be  made  thereof,  according  to  the  true 
5ntent  and  meaning  of  thefe  prcfents,  and  that  the  faid 
truilees  fliali  retain  in  their  hands,  the  proportion  of 
the  debts  rfnd  effe6^s  hereby  affigned,  as  fliall  belong  to 
fuch  of  the  faid  creditors,  parties  hereto,  in  refpe6l  of 
•fo  much  of  their  debts  as  Ihall  be  owing  to  them  by 
promiffory  notes,  under  the  hand  of  the  faid  Joseph 
€eorge,  until  the  faid  notes  fliall  be  delivered  up  unto 
the  faid  Joseph  George  or  his  order,  to  be  cancelled  ; 
any  thing  herein  before  contained  to  the  contrary 
tliereof  ill  any  wife  not\^ithftanding.      In  witnefs,  &c% 


Ofaii  Annuity  for  the  life  of  the  Assignee, 

This  indenture  made  &c.  between   Enoch  Man^  of 
-,  of  the  one  part,  and  Lmis  Adams^  of ,  of  the 


other  part,  witneffeth.     That  whereas   Martin  Alays, 

late  of ,  deceafed,  did  by  his  laft  will   and  tella  • 

■ment  in  Vv'riting,  devife  unto  the  faid  Enoch  Man^   one 

annuity  or  yearly  fum  of dollars,  to  be  iffuing  and 

payable,  yearly,  and  every  year,  out  of  all  and  every 
the  melTuages,  lands,  tenements,  and  hereditaments  of 
him  the  faid  Martin  Mays^  whatfoever,  and  wherefoev- 
er  the  fame  lie,  and  to  be  paid  yearly  and  every  year 
from  and  after  his  deeeafe,  unto  Enoch  Man^  for  and 
^•uriDg  the  life  of  the  faid  Enoch  Maih  with  a  power  of 


ASSIGNMENT.  127 

v-iiirtrefs,  to  and  for  the  jliid  Enoch  Man^  upon  non  pay  • 
meat  thereof,  or  for  any  part  or  parcel  thereof,  as  in 
and  by  the  fame  lail  will  and  tellament  may  more  ful- 
ly appear,  which  laid  annuity  hath  ever  hnee  the  death 
of  the  laid  Martin  Mays^  been  latisfied  and  paid  to  the 
faid  Enoch  Man^  according  to  the  tenor,  purport  and 
true  intent'and  meaning  of  the  laid  wilK  And  >vhere- 
as  the  Hiid  Innis  Adams,  hath  contracted  and  agreed 
with  the  faid  Enoch  Man,  for  the  purchafc  of  the  faid 
r.nnuity  or  rent  charge,  at  or  for  the  price  or  fum   of 

.     Now  therefore,  this  indenture  witnelTeth,  that 

the  faid  Enoch  Man^  for  and  in   confideration  of  the 

fiini  of dollars  unto  him  in  hand  paid,  by  the  faid 

/«72L^ -^^/^wj,  before  the  fealing  and  delivery  hereof, 
the  receipt  whereof  the  faid  Enoch  Man,  doth  hereby 
acknowledge  and  thereof  and  therefrom  doth  acquit  and 

difcharge  the  faid ,  his  executors,   adminiitrators, 

and  afiigns,  and  every  of  them  by  thefe  prefcnts,  and- 
for  divers  other  good  caufcs  and  confiderations  him 
thereunto  moving,  he  the  laid  E?wcb  Man,  hath  grant- 
ed, bargained,  fold,  affigned  and  fet  over,  and  by  thefe 
prefcnts  doth  grant,  bargain,  fell,  aflign  and  fet  over, 
unto  the  faid  Tnnh  Jda?ns,  his  executors,  adminillra- 
tors  and  alligns,  all  and  every  part  of  the  aforeiaid  an- 
nuity, yearly  rent,  or  fum  of dollars,   and  all  the 

dilate,  right,  title,  intcreft,  benefit  and  power  of  diftrefs 
and  diilrelH-s,  ufe,  pbireffion,  claim  and  demand  what- 
foever,  which  he  the  faid  Enoch  Man,  now  hath  or 
may,  or  in  any  wife  ought  to  have,  of,  in,  or  unto,  or 
for  the  faid  annuity,  or  yearly  fum,  or  annaal  rent  of — 
— dollars  before  mentioned.  To  have,  hold,  receive, 
enjoy  and  take  the  laid  annuity,  or  yearly  fum  or  rent  of 

dollars,  and  all  the   efiate,    right,  title,   intereft, 

property,  beneiit  and  power  of  diftrefs,  and  dlftreifcs. 
ufe,  pofTeflTion,  claim  and  demand  whatfoever  of  him 
the  laid  E?wch  Man,  of,  in,  and  unto  every  part 
and  parcel  thereof  as  aforefaid,  unto  the  faid  Innis  Ad- 
amsj  immediately  from  henceforth,  for  and  during  th^r 


128  A  S  S  I  G  N  M  E  N  T. 

term  of  the  life  of  the  faid  Enoch  Man^  in  as  large,  am- 
ple and  beneficial  manner,  to  ail  interns  and  purpofes,as 
he  the  faid. ./!,V;0^/j  Man^  niiglit,  coiiid,  ihould,  or  ought 
to  have  or  enjoy  the  lame,  it  thefe  prcients  had  not  been 
made.  And  the  faid  Enoch  Man,  doth  for  hinifeif,  his 
executors,  adminillrators  and  ailigns,  covenant,  pro- 
mife  and  agree,  to  and  with  the  faid  Innis  Adatns,  his 
executors,  adminillrators  and  affigns,  by  thefe  prefents, 
that  he  the  laid  Enoch  Man^  now  hath  lawful  au- 
thority and  right  to  give,  &c.  the  faid  annuity  in  man- 
ner and  form  aforefaid  :  and  that  heretofore  neither  he, 
nor  any  other  by  his  appointment,  or  with  his  confent, 
hath  made  any  former  bargain,  ftile,  gift,  grant,  aifign- 
ment,  furrender,  extinguilhment,  charge  or  incum- 
brance of  the  lliid  annuity  or  yearly  rent  of,  &c.  or  any 
part  thereof;  nor  that  he  the  laid  Enoch  Man,  nor  any- 
other  by  or  from  him,  or  with  his  confent  have  or  hath 
done,  nor  hereafter  at  any  time  fliall  do,  commit  orfuf- 
fer  to  be  done  any  a^l,  deed,  or  thing  whatfoever,  where- 
by the  faid  Innis  Adams,  his  executors,  adminillrators 
or  ailigns,  fliall  or  may  be  hindered  or  letted, of,  or  inthe 
having,  receiving,  and  enjoying  of  the  faid  annuity  or 
yearly  rent,  or  any  part  thereof :  And  that  the  faid  Innis 
Adams,  his  executors,  admiuiftrators  and  ailigns,  fliall 
tmd  may  from  time  to  time,  and  all  times  hereafter,  for 
and  during  the  natural  life  of  the  faid  Enoch  Man,  law- 
fully, peaceably,  &c.  have  &c.  the  faid^annurcy  or,  &c. 
and  every  part,  &c.  to  the  proper  ufe,  &c.  without  the 
let,  &c.  And  farther  that  the  {:\\^E.noch  Man,  fliall  and 
will  from  time  to  time,  and  all  timeshereafter,attherea- 
fonable  requeft,  &c.  do  or  caafe  to  be  done,  all  fuch 
further  a6l  and  aCls,  thing  and  things,  for  the  further 
afTurins:  of  the  faid  annuity,  &c.  to  the  Lxi^  Innis  Ad- 
ams, his  executors,  adminillrators  and  affigns,  for  and 
during  the  natural  life  of  the  faid  Enoch  Man,  as  by 
the  faid/?/;z/6'  Adams,  his  executors,  adminillrators  and 
affigns,  fliall  be  reafonably  devifed,  ad vifed  and  requir- 
ed.    In  witnefs,  &c. 


ASSIGNMENT,  129 

Asslgn7nent  and  release  of  a  Share  of  the  residue  of 
the  Tcs:ator''s  personal  Estate  from  one  Executor 
to  another. 

This  indenture   made,   fcV.  between  Sarah  Lee^  of 
•,  of  the  one  part,  and  Peter  Lee^  of ,   of  the 


\ 


other  part  :  Whereas  [here  recite  the  will^  and 
did  nominate  and  appoint  his  fuid  vvife  Sarah^  and  his 
tA\  o  fons,  Peter  and  Johii  Lee^  executors  of  his  faid 
will,  as  by  the  faid  will,  relation  being  thereunto  had 
\vil!  more  fully  appear.  And  whereas  the  faid  Peter 
J^ee,  folely  a6\ed  in  the  faid  executoHhip,  and  paid  all 
the  faid   teftator's  debts,  and  the  faid  Sat  ah  Lee  her 

faid  legacy  of  dollars,  and  all  other  legacies  given 

by  the  fiid  teilator's  will  ;  and  the  K^xCi  Surah  T^c'fhath 
retained  in  her  hands  all  the  silver  plate^^c.  given 
her  by  the  faid  teftator's  will  as  atorefaid.  And  where- 
as the  refidue  of  the  faid  teftator's  eftate  confifts  chief* 
ly  in  debts  beyond  fea,  and  in  damaged  and  old  flifli- 
ioned  [^okland  iilver  ftufts,  which  debts  in  all  probabi- 
lity v/ill  not  be  got  in  without  great  length  of  time  (if 
at  all),  nor  can  the  goods  be  difpofed  of  without  great 
lofs  :  And  whereas  in  order  to  make  an  end  of  the  faid 
execiitorfliip  account,  he  the  faid  Peter  Lee^  hath  a- 
greed  w  ith  the  ftiid  Sarah  Lee  for  the  purchafe  of  her 
third  part,  or  fliare,  of  the  refidue  of  the  faid  teftator's 
eftate,  given  her  by  the  faid  teftator's  will  as  aforefaid, 

at  and  for  the  fum  of- .     Now  this  indenture  wit- 

nefteth,  that  the  faid  Sarah  Lee^  for  the  confideration 
aforei  lid,  and  for  and  in  confideration  of  the  faid  fum  of 

' of  lawful  money  of  the  United  States,   to  her  in 

hand,  at  or  before  the  fealing  and  delivery  of  thefe  pre- 
fents  by  the  faid  Peter  Lee,  well  and  truly  paid,  the  re- 
ceipt w  hereof  (he,  the  faid  Sarah  Lee,  doth  hereby  ac- 
knowledge, and  thereof,  and  of  every  part  thereof,  doth 
acquit,  rcleafe,  and  difchargc  the  {-Aid  Peter  Lee,  his  ex- 
ecutors, adminiftrators,  and  afiigns,  by  thefc  prefents ; 
[  17  ] 


130  A  S  S  I  G  N  M  E  N  T. 

hath  granted,  affignecl,  and  releafed,  and  by  thcfe  pre- 
fents  doth  grant,  allign,  and  releafe,  unto  the  laid  Pe- 
ter Lee^  his  executors,  adminiftrators,  and  alTigns,  all 
lier  third  part,  or  fliare  of,  and  in  the  reft  and  rehdue 
of  the  eftate  of  the  faid  Peter  JLec^  deccafed,  given 
and  bequeathed  to  her  by  the  faid  recited  will  as  afore- 
faid.  To  have  and  to  hold  the  fiud  third  part,  or  ihare,  of 
the  refidue  of  the  eftate  of  the  faid  Peter  Lee,  deceafed, 
liereby  affigned  and  releafed,  or  mentioned,  or  intend- 
ed fo  to  be,  unto  the  faid  Peter  Lee,  his  executors,  ad- 
miniftrators,  and  ailigns,  to  be  by  him  and  them  had, 
held,  received,  and  enjoyed,  to  his  and  their  only  pro- 
per ufe  and  benefit,  Avithout  any  account  to  be  given, 
to  the  faid  Sarah  Lee,  her  executors  or  adminiftrators, 
for  thefame.  And  the  better  to  enable  x\iQ{2i\(\.  Peter  Lee  j 
his  executors, adminiftrators  or  ailigns,  to  get  in  and  re- 
ceivethe  debts  ftill  remaining,  due  and  owing  tothe  faid 
ieftator's  eftate,  Ihe,  the  faid  Sarah  Lee,  hath  made,  or. 
dained,  conftituted  and  appointed,  and  by  thefe  prefents 
cloth  make,  ordain,  conftitute,  and  appoint  the  faid 
Peter  Lee,  his  executors,  adminiftrators,  and  affigns, 
her  true  and  lawful  attorney  and  attornies,  irrevocable 
in  her  name  and  ftead,  or  in  the  name,  and  to  and  for 
the  proper  ufe  and  behoof  of  him  the  faid  Peter  Lee^ 
his  executors,  adminiftrators,  or  afligns,  or  in  her  name, 
jointly  with  the  faid  Peter  Lee  and  John  Lee,  or  the 
iurvivor  of  them,  to  afk,  demand,  receive,  and  take  of 
and  from  all  and  every  jTcrfon  and  perfons  any  ways 
indebted  to  the  eftate  of  the  faid  Peter  Lee  deceafed, 
all  and  every  debt  and  debts,  fum  and  fums  of  money, 
io  by  them  refpe6lively  due  and  owino; ;  and  in  default 
of  payment  thereof,  or  of  any  part  thereof,  to  fue  for 
and  recover  the  fame  ;  and  upon  the  recovery  or  re- 
ceipt thereof,  or  any  part  thereof,  or  any  other  end, 
compofition,  or  agreement  made,  of  or  concerning  the 
premifcs,  to  make  and  execute  any  lawful  releafe  or 
difcharge  for  the  fame  ;  and  further,  to  do  all  and  eve- 


ASSIGNMENT.  131 

ry  other  act  and  a6is,   thing  and  things  \vhalfocver, 
•which  fliall  be  requititc  or  nccdiul  in  or  about  tlic  pre- 
iTiifcs,  for  obtaining  thereof  in  as  full,   large,  ample, 
and  beneficial  manner    and  form,    to  all      intents  and 
purpofes  ^vhatfoever,  as  Ihc  the  laid  Sarah  Lee^  might 
or  could  do  in  her  proper  pcrfon,  if  thefe  prefents  had 
not  been  made.     And  alio  for  him  the  faid  Peter  Lcc^ 
his  executors,  adminiilrators,  or  afligns,  to  detain  and 
keep  to  his  and  their  own  proper  ule  and  benefit,  all 
fuch  fum  and  funis  of  money  fo  to  be  had,  received  or 
recovered  as  aforefaid,  without  any  account  to  be  given 
or  rendered  imto  her  the  {wid  Sarah  Lee ^  her  execu- 
tors, adminiilrators,   or   aifigns,  for  or  concerning  the 
fame  ;  (lie,  the  faid  Sarah  Lee,  giving,   and  by  thelb 
prefents  granting,  unto  the  faid  Peter  Lee,  his  execu- 
tors, adminiilrators,   or  ailigns,   her   full  and  abiblute 
power  in  the  premifes,  and  hereby  ratifying  and  con- 
firming all  imd  whatfoever  the  faid  Peter  Lee,  his  ex- 
ecutors, adminiilrators,  or  afligns,  iliall  lawfully  do,  or 
cauie  to  be  done,  in  and  about  the  fame  premifes,  as 
fully  and  effe6\ua1ly,  to  all  intents  and  purpofes,  as  if 
ihe,  the  faid  Sarah  Lee,  were  prefent  and  did  the  fame 
herfelf.   And  the  faid  Sarah  Lee,  doth  hereby  for  her- 
felf,    executors  and  adminiilrators,   and  for  every  of 
them,  covenant,  promife  and  grant  to  and  with  the  faid 
Peter  Lee,  his   executors,  adminiilrators  and   ailigns, 
and  every  of  them  by  thefe  prefents,  that  flioj,  the  faid 
Sarah  Lee,  her  executors  or  adminiilrators,  or  any  o£ 
them,  unlefs  it  be  at  the  requeil  of  the  faid  Peter  Lee^ 
his  executors,  adminifirators,  or  aifigns,  or  fome  or  one 
of  them,  fliall  not  nor  will  at  any  time  hereafter  releafe, 
difcharge,  vacate,    or   make  void,  the   faid  debt  and 
debts,  fum  or  fums  of  money  hereby  afligned  and  re- 
Icaied,  to  liim  the  laid  P$ter  Lee  as  aforeiaid,  or  any 
part  thereof,    or  any  proceedings  to  be  had  or  com- 
menced for  the  recovery  of  the  fame,  or  do  any  a6l  on 
thing  whatibcver,  whereby  to  defeat,  or  any  ways  im- 


152  ASSIGNMENT. 

pede  or  hinder  the  faid  Peter  Lee  of  or  from  all,  or  any 
lawtul  procecdiny;s,  and  takiagaii  and  fingular  the  be- 
nefit and  advantage  thertot",  lor  the  recovering  and  re- 
ceiving all  and  hngular  the  faid  debt  and  aebts,  I'um 
and  fuinh  of  money  hereby  alilgned  ana  releafed  to 
him  the  faid  Peter  Lee  as  aiorelaid,  or  mentioned  or 
intended  fo  to  be,  accoraing  to  the  true  intent  and 
xneaning  ofthefe  prefentb.  And  that  neither  the  faid 
Sarah  Lee  nor  her  executors  or  admuiiiliators,  Ihaii  or* 
will  at  any  time  hereafter  revoke,  or  in  any  ^vlfc  make 
void  this  prefent  letter  of  attorney  or  any  of  the  powers 
herein  and  hereby  granted.  And  further,  that  ftie  the 
faid  Sarah  Lee^  her  executors,  and  admmiilrators  Ihall 
and  will,  from  time  to  time,  and  at  ah  times  hereafter, 
at  the  reafonable  requeft,  and  at  the  proper  cofts  and 
charges  of  him  the  faid  Peter  Lee,  his  executors,  ad- 
miniilrators  or  affigns,  make,  do^  and  execute,  fuch 
further  and  other  lawful  and  reafonable  a6l  and  a6\s, 
thing  and  things,  for  the  better  alTignnig,  releafnig,  re- 
covering or  obtaining,  all  and  Angular  the  faid  hereby 
aifigned,  and  releafed,  or  mentioi^.ed,  or  intended  to  be 
alfigntd  and  releafed  premifes,  unto  him  the  faid  Peter 
Lee  in  manner  aforefbid,  as  by  the  faid  Peter  Lee^  his 
executors,  adminiftrators  or  affigns,  or  his  or  their 
counfel  learned  in  the  law,  fliall  be  reafonably  devifed, 
advifed,  or  required.  And  the  faid  Peter  Lee ^  for  him- 
felf,  his  heirs,  executors^  and  adminiflrators,  doth  co- 
venant, promife,  grant  and  agree,  to  and  with  the  faid 
Sarah  Lce^  her  executors  and  adminillrators,  that  he 
the  f'tid  Peter  Lee^  his  heirs,  executors,  and  admini- 
llrators, fliall  and  will,  at  all  times  hereafter,  indemni-, 
fy,  defend,  and  faveharmlefs,  the  faid  Sarah  Lee^  her 
heirs,  executors,  and  adminillrators,  of  and  from  all 
coils,  charges,  lolTes,  dnmag^es,  and  expenfes,  which 
fhe  or  they  fhall  or  may  fnllain,  or  be  put  unto,  for  or 
by  reafon  or  means  of  any  a6>ion  or  a6l!ons,  fuitor  fuits, 
tliat  ll:;ali  or  may  be  brought  or  commenced  againft 


ASSIGNMENT.  133 

anyperfon  or  perfons  whatloever,  debtors  ta  the  eltate 
of  the  iaicl  Feter  Lcc  dcccaild,  by  virtue  oi  Uiele  pre- 
fents.     In  vvitnefs,  t^c. 

Of  a  Pension  until  Aloncy  due  upon  a  Bond  shall  he 
satisfied  thereout. 

To  all   to  whom  thefe  piefents  fliall   come,    Henry 

Man,  of ,  Icrndeth  gri^etini^;  :    Whereas    the    laid 

Henry  Man,   by  his  bond  or  obligation  uiider  his  hand 

and  leal,  bearing  date  on  or  about  the  —  day  of , 

which  was  in  the  year ,  became  bound   to  hnocb 

Hall,  of ,  \_as  in  bond.']      And   whereas  the  faid 

£?iocb  Hall  IS  i^n-ice  dead,  having  full  made  his  lall  will 

and  tcllament  in  writinc^,   bearing-  date  the  ,  and 

thereof  coullituted   and    appointed  Samilel  Innis   and 

Isaac  Boe,  both  of ,  the  executors,   as  in  and  by 

the  faid  will  duly  proved  and  remaining  in  the  regifter's 

office  of  the  county  of ,  reference  being  thereunto 

had  ^\ill  appear.  And  whereas  there  is  now  jult!y  due 
and  owing  from  the  faid //t;zry  jMan  to  the  faid  Samu- 
el Innis  Siud  Isaac  Roe,  on  the  fl\id  bond,  as  executors 

as  aforefaid,  the  fum  of .     And  whereas  the  faid 

Henry  Alan,  is  entitled  during  his  life  to  a  penfion  of 

a  year,   given  him  by ,  payable  quarterly  ; 

which  pennon  the  Hud  Henry  Man,  hath  agreed  to  af- . 
fign  unto  the  faid  Samuel  Innis  and  Isaac  Roe  for  the 

better  fecuring  the  payment  ofthe  faid  fum  of ,  fo 

remainuiQ:  due  on  the  faid  recited  bond,  as  aforefaid, 
with  hnvfnl  interell  for  the  fame.  Now  know  ye,  that 
the  faid  Henry  Man,  for  the  end  and  purpofe  aforefaid, 
and  in  purfuance  and  performance  of  the  faid  agree- 
mjjjit,  and  for  and  in  confideration    of  the  fum   of  five 

flfflings  of  lawful  money  of ,   to  him  in  hand,  a* 

or  before  the  fcalinc^  and  delivery  of  thefe  prefents,  by 
thefiAid  Samuel  Innis  and  Isaac  Roe,  well  anr!  truly 
paid,  the  receipt  whereof  he  the  faid  Henry  Man  doth 


134  ASSIGN  M  E  N  T. 

I^ereby  acknowledge  j  hath  afligned,  transferred  and 
let  over,  and  bythefc  j)rcfents  doth  aflign,  transfer  and 
fet  over,  unto  the  faid  Samnel  Lnnis  and  Isaac  Ji^oc, 
their  executors,  adminiitrators  and  affigns,  the  laid  pen- 

fion  of a  year,  given  him   by as  aforefaid  ; 

and  all  benefit  and  advantage  whatfoever  to  be  had, 
gotten,  or  obtained  thereby,  or  by  means  or  in  refpeft 
thereof.  I'o  have,  hold,  receive,  take  and  enjoy,  the 
faid  penhon  hereby  affigned,  or  intended  to  be  hereby, 
afligned  unco  the  f;'id  Samuel  lnnis  and  Isaac  Roe,  their 
executors,  adminiilrators  and  affigns,  for  and  during  fo 

long  time  and  until  the  faid  fum  of ,  fo  due  and 

owing  from  the  faid  Henry  Mart,  to  the  faid  Samuel 
lnnis  Mid  Isaac  Roe,  as  executors  as  aforefaid  on  the 
faid  recited  bond,  with  lawful  intereflfor  the  fame,  Ihall 
,be  fully  fatisiied  and  paid  (if  he  the  faid  Henry  Man 
fliall  fo  long  live).  ^nd  the  better  to  enable  the  faid 
Samuel  lnnis  diud  Isaac  Roe,  their  executors,  admini- 
ilrato'  s  and  affigns,  to  receive  the  faid  penfion  hereby 
affigned,  when  and  as  the  f  ime  fliall  from  time  to  time 
become  due,  he  the  faid  Henry  Man,  hath  made,  or- 
dained, coaftituted,  and  appointed,  and  by  thefe  pre- 
fenns  doth  make,  ordain,  conftitute  and  appoint,  the 
faid  Samuel  lnnis  and  Isaac  Roe,  and  each  of  them, 
and  the  executors  and  adminiftrators  of  the  furvi- 
vor  of  them,  his  true  and  la^vf^l  attorney  and  attornies, 
irrevocable,  in  his  name  and  ftead,  or  in  their  or  either 
of  their  own  name  or  names,  but  to  and  for  t^e  purpo- 
fes  aforefaid,  to  afk,  demand,  receive,  and  take  of  and 
from  all  and  every  perfon  or  perfons  now  or  hereafter 
to  be  appointed  to  pay  the  fame,   the  faid  penfion  of 

,  fo  given  to  the  fiid  Henry  Man,  by as  a- 

forefaid,  when  and  as  the  fame  fliall  from  time  to  time 
become  due  and  payable,  for  and  during  fo  long  tnle 

and  until  the  faid  fum  of fo  due  and  owing  from 

the  faid  Henry  Alan  totht^dkl  Samuel  lnnis  and  Isaac 
liocj  as  executors  as  aforefaid,  with  lawful  interefl  for 


A  S  S  I  G  N  :>I  E  N  T.  ISS- 

the  fame,  fliall  he  fully  paid  and  fatibfied   if  be  the  faid 
Henry  Man  Ihall  fo  long  live.)  And  upon  rcceipi  there- 
of or  any  part  theieof,  to  make  and  exeeute  any  laufid 
releafe  or  difcbarge  lor  the  fame.      And  lui  ther,   to  do 
all  and  every  other  a6\  and  acls,  thing  and  things  what- 
foever,  which  fliall  be  needful  or  nLceifary  to  be  done 
in  or  about  the  premifes,  for    reeeiving  therebf  in  as 
full,  large,  ample,  and  beiiefieial  a  manner  to  all  intents 
and  purpofcs  as  he  the  faid  Hcmy  j\lan^  might  or  could 
do  in  his  proper  perfon,  if  thefe  prefcnts  had  not  been 
made  ;   he  the  faid   Henry  M iii^  hereby    raiifxing  and 
confirming  all  andwhatfoever  the  faid  Samuel  Innis  and 
Isaac  Roe^  and  each  of  them,  and  the  executors  and 
adminiftrators  of  the  furvivor  of  them,  lliali   lauiuliy 
do,  or  caufc  to  be  done,  in  or  about  the  premifes,  by 
virtue  of  thefe  prefents.      And  the  faid  Henry  Man^  for 
hnnfeif,  his  heirs,    executors  and  adniioillrators,  and 
for  every  of  them,  doth  hereby  covenant,  piomifeand 
agree  to  and  with  the  faid  Samuel Inn'is  and  Isaac  lioe^ 
their  executors,  adminiilrators,  and  afngn^.  and   every 
ofthem,  by  thefe  prefents,   that  the  laid  Henry  JSlan 
Ihall  not,  nor  will  at  any  time  hereafter,  revoke  or  make 
void  the  letter  of  attorney  herti":i before  containtd,  or 
do  any  a6\:  or  thing  to  defeat  or  hinder  the  faid  Samuel 
lun'is  and  Isaac  Roc^  or  either  of  ^ht- m,  or  the  execu- 
tors or  adminiilrators  of  die  furvivor  ofthem,  in  the  re- 
ceiving  the  faid  peniion  hereby  affigned    according  to 
the  true  intent  and  meaning  of  thefe  prefents.     And 
further,  that  the  faid  Henry  3lan,  ihv.W  and  will,  from 
time  to  time,athis  own  proper  colls  and  charges, make, 
do  and  execute,  fuch  further  and  other  lawful  and  rea- 
fonable  acl  and  a6ls,  thing  and  things,  aflignments  and 
allurances  whatfoever,  for  the  better  and  more  effe6lual 
aii^ningand  receivingthc  faid  penfion  hereby  afli.e;ned» 
or  intended  fo  to  be,  unl     the  laid  Samuel  Innis  and 
Isaac  Roe^  for  the  purpofes  aforefaid,  as   by   the   faid 
Samuel  Ijinis  and  Isaac  Roe^  their  executors  or  admi- 


136'  ASSIGNMENT, 

iiiilrators,  fliall  be  reafonably  devifed,  advifed,  or  fc« 
quired.     In  witncls,  ^c. 


Of  a  Lease  by  Indorsement, 

Know  all  men  by  thefe  prefents,  That  I,  the  Avithin 
named  Charles  Diill^   for  and  in  conficieration  of  the 

fum  of ,  to  me  in  hand  paid  by  Enos  Fairplay,  of 

—. — ,  at  and  before  the  enfealing  and  delivery  hereof, 
the  receipt  whereof  I  do  hereby  acknowledge,  have 
granted,  affigned,  and  fet  over,  and  by  thefe  prefents 
do  grant,  affign,  and  fet  over,  unto  thefaid  Eiios  Fair- 
play ^h'ls  executors,  adminiftrators  and  alTigns,  the  with- 
in indenture  of  leafe,  and  all  that  meffuage,  &:c.  there- 
by demifed,  with  the  appurtenances  :  And  alfo  all  my 
ellate,  right,  title,  term  of  years  yet  to  come,  claim  and 
demand  whatfoever,  of,  in,  to  or  out  of  the  fame,  to 
have  and  to  hold  the  fiiid  meffuage,  z^c.  unto  the  faid 
Enos  Fairplay,  his  executors,  adminiftrators  and  af- 
figns,  for  the  refidue  of  the  term  within  mentioned,  un- 
der the  yearly  rent  and  covenants  within  refe^A'cd  and 
contained  on  my  part  and  behalf  to  be  done,  kept,  and 
performed.     In  witnefs,  ^V, 


Of  a  Mortgage  by  Indorsement. 

Know^  all  men  by  thefe  prefents.  That  I,  Abel  Bell, 
the  mortgagee  within  named,  for  and  in  confideration 

of  the  fum  of ,   to  me  in  hand  paid  by    Charles 

Dice,  of ,  at  and  before  the  enfealing  and  delivery 

hereof,  the  receipt  whereof  is  hereby  acknowledged, 
have  granted,  bargained,  fold,  affigned  and  fet  ov^r, 
and  by  thefe  prefents,  do  grant,  bargain,  fell,  affigii 
and  fet  over  unto  the  faid  Charles  Dice,  his  h^irs  and 
ailigns,  the  within  indenture  of  mortgage,  and  all  that 
meffuage,  ^c.  therein  mentioned  and  defcribed,  toge- 


ASSIGNMENT,  1^7 

ther  with  the  rights,  mcml:crs  an.d  appurtenance?  there- 
unto bek)iit^in^,  and  all  my  cilatc,  right,  title  and  inte- 
red  therein  :  To  have  and  to  hold  all  and  fuigular  the 
premifes  hereby  gi anted  and  aflii^ncd,  or  mentiontd 
and  Hiiended  Co  to  he,  unto  the  faid  Chiirles  Bice,  hi-s 
heirs  and  alllgns,  for  ever,  lLibje6\  neverthek  fs  to  the 
ri^^ht  and  equity  oF  rede4Ti])tion  of  the  within  nanietl 
Jipbvaim  ro'cclcr,  hi:s  heirs  and  affigi^s  (if  any  they 
have)  in  the  fame.     lu  witnefb,  ^y. 


Of  a  Bond  for  payment  of  Money  by  Indeniureo 

This  indenture  ^c.  between  Abel  Jonts,  cf  — — ,  o£ 

the  one  part,  (the  aflignor)  and  John  S/jaVJ,  of , 

of  the  other  part  (the  afiignee.)  Whereas  ^e.  [recital 
of  the  bond.']  x\nd  whereas  the  fuid  Abel  Jones,  in  coii" 

iideration  of hei-eaiier  mentioned   to   be  paid  to 

him  by  the  faid  JoJjn  Sbavj,  hath  agreed  abfolutely  to 
alhgn  the  faid  before  recited  bond,  and  all  principal 
and  intereft  monies  thereby  feeured,  in  fnch  manner 
as  herein  after  is  mentioned  and  expiellVd,  of  and  con-t 
cerning  the  fame  refpe^ively :  Now  this  indenture 
witneifeth,  that  the  faid  Abel  Jone<i,  in  confideration  of 

,  the  receipt    whereof  is   hereby  a*^knowledged^ 

hath  bargained,  fold,  afligned,  transferred  and  fet  over j 
and  by  thefe  prtfentsdodi  fully,  elenrly,  freely  and  ab- 
folutely  bargain,  fell,  alTign,  transfer  and  let  over  unto 
the  faid  John  ShaiVy  his  executors,  adminiftrators  and 
alligns,  the  faid  herein  above  recited  bond  or  obliga- 
tion, and  all  and  every  fum  and  funis  of  money  thereon 
now  due  and  owing,  or  to  become  due  and  owing,  by- 
virtue  thereof,  and  all  the  right,  title,  intereft,  property, 
claim  and  demand  whatfoever  or  howfoever  of  him  the 
fliid  .iW /(7«:'.?,of,iii,or  to  the  faid  hereby  afligned  bond 
and  monies  thereby  feeured,  together  with  th$  faid  bond 

1 1«  J 


138  ASSIGNMENT. 

bond  or  writing  obligatory,  and  all  benefit  and  advan- 
tage whaifoever  to  be  had  or  made  tliereoi ;  to  have, 
liold,  receive,  take  and  enjoy  the  faid  bond,  nionic:s, 
and  all  and  finguiar  the  lalt  hereby  affigned  premii'es, 
unto,  and  to  and  for  the  only  ufe  and  benefit  of  the  laid 
^ohn  Sbami^  his  executors,  adminiftrators  and  aiiigns, 
from  henceforth  for  ever  :  And  for  the  better  and  more 
effectual  enabling  him  the  faid  John  Sbaw^  his  heirs, 
executors,  adminiftrators  and  affigns,  to  recover  and 
receive  the  faid  hereby  afligned  money  and  premifes, 
to  and  for  his  and  their  own  ufe  and  benefit,  he  the  find 
Abel  Jones  hath  nominated,  made,  conflituted,  antho- 
xifcd  and  appointed,  and  by  thefe  prefents,  doth  nomi- 
yiate,  make,  conftitute,  authorife,  and  appoint  the  faid 
,Tobn  S/jaw,  his  executors,  adminiftrators  and  aifigns, 
his  true  and  lawful  attorney  and  attornies,  irrevocable 
for  him,  and  in  his  name,  and  in  the  name  and  names 
of  his  executors  and  adminiftrators,  but  for  the  fole  and 
proper  ufe  and  benefit  of  the  ftiiJ  Jo/jn  S/jaiv,  his  exe- 
cutors, adminiftrators  and  aifigns,  to  afi-i,   require,   de- 

tnand,  recover  and  receive  of  and  from  the  ftiid -, 

his  heirs,  executors,  and  adminiftrators,  the  monies 
clue  on  the  faid  bond,  and  on  the  non  payment  thereof, 
he,  and  his  executors,  adminiftrators,  and  affigns,  to 
iue  for  the  iame,  and  on  payment  thereof  to  deliver  up 
and  cancel  the  faid  bond,  and  give  fufficient  releafes  and 
difcharges  thereof,  and  one  or  more  attorney  or  attor- 
nies, under  him  or  them  to  conftitute  ;  and  ^^hatfoever 
the  faid  JobnSbaiv^  his  executors,  adminiftrators  ot 
afiigns,  or  his  or  their  attorney  fliall  lawfully  do  in  the 
premifes,  the  faid  Ah'l  Jones,  doth  hereby  allow  and 
confirm.  And  the  faid  AbelJofies,  for  himfelf,  his 
heirs,  executors  and  adminiftrators,  doth  covenant 
and  promife  with  the  faid  jo/jn  Sbaiv,  his  executors, 
adminifta^ators  and  affigns,  that  he  the  faid  Jbel  Jones^ 
hath  not  nor  w'ill  receive  the  faid  monies  due  or  to  be 
due  on  the  faid  bond  or  any  part  thereof,   neither  fliail 


ASSIGNMENT.  139 

or  will  rcleafc  or  difcliarge  the  fame,  or  any  part  there- 
of, nor  Ihail  or  will  ciiiavo\\ ,  dif:ontiiuie,  reiealc  or  d-l- 
chargc  any  action,  iuit,  bill,  plaint,  judgment  or  exe- 
cution thereupon,  or  for  the  fame  or  any  part  thereof, 
to  be  had,  brought,  profecuted  or  obtained,  nor  counter- 
mand or  revoke  any  power  or  audiority  hereby  given  to 
thefaid  yo/j//6V^iZU',hisexecutors,aaminillratQrsandaf- 
li'Mis,  without  the  fpccial  licenfe  and  confent  of  the  faicl 
John  Shanv,  his  executorii,  adminiilrators,  and  afligns, 
tlierein  or  thereunto  lirft  had  and  obtained  in  writing, 
or  the  rule,   order  or  decree  of  fomc  court  of  law  or 
equity,  but  will   own  and  allow  of  ail  proceedings  for 
recovery  thereof ;  he  the  faid  John  ShaiVy  faving  the 
faid  Jbcl  Jones  harmlefs  of  and  from  any  colls  that  may 
happen  to  him  thereby,     in  witnefs,  bV« 


Of  a  Judgment  recovered  by  Verdict. 

To  all  to  whom  thefe  prefents  fliall  come,  I,    Abel 

J]ain,  of ,  i'cnd  greeting.      Whereas  I  the  faid  .^- 

de/  Bain^  lately  recovered  judgment  in  the  court  oC 

,  again  Roger  Coleo^ ,  for  the  fum  of , 

as  by  the  record  of  the  faid  judgment,  remaining  ini 
the  office  of  the  clerk  of  the  faid  court  doth  appear, 
upon  which  judgment,  execution  hath  been  lately  fued 
forth.  Now  know  ye,  that  I  the  faid  Abel  Bain,  for 
divers  good  caufes  and  conlidcrations  me  hereunto 
moving,  have  granted,  transferred,  afligned  and  fet 
over,  and  by  thefe  prefents  do  clearly  and  abfolutely 
grant,  transfer,    affign  and  fet  over  unto  Junis  Fovjl 

of ,  his  executors,  adminiilrators  and   aiiigns,  as 

well  the  faid  judgment  for  the  faid  fum  of afore- 

faid,  as  alfo  all  benefit,  profit,  fum  and  fums  of  money, 
and  advantage  whatfoever,  that  now  can,  or  fliall  or 
may  hereafter  be  obtained,  by  rcafon  or  means  of  the 
fame,  or  any  execution  thereupon,  now  had,  or  to  be 


UO  ASSIGNMENT. 

h^id,  fued,  executed,  or  obtained  :  and  all  the  eflatc, 
right,  title,  intergft,  and  demand  \vhailoever,  which  I 
the  laid  Abel  Bain^  have,  or  oui^ht  to  have,  or  claim 
of,  in,  or  to  the  laid  jndgrnenr,  or  any  lums  of  money, 
lands  or  tenements,  w  hich  by  virtue  thereof,  or  oi  any 
]6rocefs  or  execution  thereupon  lued  or  to  be  fued  Ihall 
Or  may  he  recovered,  obtained  or  gotten.  And  further, 
i  the  K\.\\d^  Abel  Bain ^  do  by  thtfe  p-efents  make,  ordain, 
conftitute,  authorife  and  appoint  the  laid  Innis  Fowl, 
to  be  my  true  and  lawful  attorney,  for  me  and  in  my 
pame  to  ufe  and  profecute  the  laid  execution  upon  the 
faid  judgment  and  upon  compohtion  or  agreement 
made  concerning  the  premifes,  to  acknowledge  fatis- 
fa6tion,  or  to  make  and  give  any  other  releafe,  or  dif- 
charge  for  the  fame  ;  and  ail  and  every  fuch  other  a6l 
and  a<?i:s,  thing  and  things  whatfoever,  as  fliall  be  re- 
c^uifite  in  and  about  iht  premifes,  1  cwenant  to  allow, 
eftablilh,  jjnd  confirm  by  thefe  prefents.  And  1  the  Hiid 
Abel  Bam^  for  mivfeif,  my  heirs,  executors  and  admi- 
■niftrators,  do  covenant,  promife  and  agree  to  and  with 
the  faid  Innis  FolJol^  his  executors,  adminillrators  and 
a(rigns,by  thefc  prefents,  in  manner  and  form  following, 
that  is  to  fay,  that  1  the  faid  Abel  Bain,  have  ncA-er 
made  or  executed  any  releafe  or  other  difeharge  of  the 
faid  judgment,  or  of  any  execution  which  hath  been  or 
lliall  be  thereupon  fued  or  executed  ;  neither  will  nor 
llialllthe  faid./^^t7^^m,my  heirs  executors  and  admi- 
nillrators, at  any  time  hereafter,  make, commit, or  do  any 
releafe,  a61;,  or  thing  whatfoever,  whereby  the  faid  judg- 
ment,or  any  execution  which  hath  been  thereupon  fued 
or  executed,  or  \\  hich  fhall  atany  time  hereafter  be  fued 
or  executed, by  the  faid  Innis  Fowl ^  or  his  afligns,  lliall 
be  i«  any  manner  defeated,  hindered,  ^lifabled,  debar- 
red, or  extinguillied,  without  the  confent  of  the  faid 
Innis  Fowl,  his  executors,  adminillrators  or  afiigns, 
thereto  firll  had  in  writinfi:.  ^  i^d  further,  that  1  the 
faiil  Aibd  Bain^  my  ezcecutars  and  admiaiftratGrs,  llit^U 


ASSIGNMENT.  Ul 

and  \A  ill  at  all  times  hereafter,  on  the  requeft,  and  at  the 
colls  and  chargt-s  oithc  laid  Iimis  Foiv/,  his  IVeiis.  ex- 
ecutors; adminillralors  or  ailigns,  maintain,  julhi\ ,  al- 
low and  confii  m  all  I'uch  lawliil  actions,  fuits,  procels, 
executions,  and  proceedings  wliatfoever,  as  have  been, 
or  Iha'ft  hoi-catter  be  brout^ht,  I'ned  Ibrth,  or  projecuted 
againil  the  faid  Roifcr  Cole,  his  heirs,  executors,  ad- 
miniltrators  or  aillgns,  his,  their,  or  any  of  their  lands, 
tenements,  goods  or  chatties,  upon  or  by  realbn  of  the 
laid  judgment.     In  Witneis,  ^'c. 


Of  Mortgage  of  a  Lease  of  Years. 

This  indenture  made,  &c.  betv/een  Ira  Finney  of 
the  one  part,  and  Richard  Gore  of  the  otlier  part. 
Whereas  Fcity  Hev^cs,  by  indenture  bearing  date,  ^c. 

IJIcre  recite  the  mortgage']  which  laid   fum  of  

or  any  part  thereof,  Avas  not  paid  or  tendered  to  or  for 
the  faid  Ira  Finney  at  the  day  in  the  provifo  of  re-, 
dempticn  limited  for  payment  thereof,  but  yet  rcm.ain- 
eth  unpaid,  by  reafon  w  hereof  the  faid  meir.Mge  and 
other  premifes,  and  the'  whole  ellate,  right,  title,  and 
interell  of  tbeli\id  F'clty  Ileives,  in  and  to  the  fame, 
became  fuifeiled  unto  the  faid  Ira  Finney,  and  he 
thereby  was  and  now  is  lawful'y  interelled  in  and  pol- 
feflcd  of  the  faid  premifes,  and  every  part  thereof,  dur- 
ing the  reiidueofthe  term  of  years  therein,  which 
then  were  and  now  are  to  come  and  unexpired.  Now 
this  indenture  witneffcth,  that  he  the  faid   Ira  Finney, 

for  and  in  conilderation  of  the  fum  of ,  to  him   in 

hand  paid  by  the  laid  Richard  Gore,  the  receipt  where- 
of is  hereby  acknowledged,  hath  granted,  barsjained, 
fold,  affigned,  transferred  and  fet  over,  and  by  thefe 
prefents  doth  grant,  bargain,  fell,  afiign,  transfer  and 
fet  over  unto  the  faid  Richard  'Gore,  his  executors, 
di  the  fuid  meiVuage,  ^c,  and  premifes,  with  the  appur- 


u::  ASSIGNMENT. 

tenances,    granted  unto  him  the  faid  Ira   Finney,  in 
and  by  the"  faid    inacnture   a^  aforel'uid,  and   ail   the 
ellate,  rii^ht,  title  and  interell  ot  him  the  laid  Iret  I'ln- 
nry  by  virtue  ol'thc  laid  indenture   of  mortgage  or  af- 
fignnient  above  recited,  or  of  any  thing  therein  menti- 
oned or  contained,  together  with  the  faid  indentnre  of 
niortgctge  or  demife,  and  all  other  writings  reiarlng  to 
or  cuiicern'ing  the  lame,  now  in  the  cuiiody  or  polfef. 
fion  of  him  the  faid  Ira  Finney,  to  have  and  to  hold 
the  faid  melTuage,  &c.  by  force  and  virtue  of  the  faid 
recited  indenture   of  leafe,  or  the   faid  indenture    of 
jnortgage  aforefaid,  or  either    of  them,  or  any   thiug 
therehi  mentioned  or  ex[.reflcd,  or    otherwife  howfo- 
ever,     \_.idd  a  co'ucnantj'om  assignor  against  inciim- 
brances^  and  for  further  assurance.']  In  witnefs,  &c. 


Of  an  Indenture  of  Apprenticeship. 

This  indenture  made,  &,c.  betv»ecn  Conrad Hoge^oS. 

' ,  of  the  one  part,  and  Samuel  JVade^  of ,  of 

the  other  part.      Whereas  Henry  Pope,   fon    of  John 

Pope,  late  of ,  by  his  indenture   of  apprenticefiiip 

bearing  date  the ,   became  the  apprentice   of  the 

faid  Conrad  Ilogc,  for  the  terra  of  feven  years,  com- 
mencing from  the  date  thereof;  as  by  the  faid  inden- 
ture, relation  being  thereunto  had  more  fully  appears. 
Now  this  indenture  witneileth,  that  the  faid  Conrad 
Moge,  for  divers  good  caul'es  and  confiderations  him 
hereunto  moving,  and  by  and  with  the  defire  and  con- 
fent  of  the  f.\id  Henry  'Popc,  the  apprentice,  (teftified 
by  his  ligning  and  feaiing  thefe  prefents,)  hath  aflign- 
ed,  transferred  and  turned  over,  and  by  thefe  prefents 
doth  afiign,  transfer  and  turn  over  unto  the  faid  Samu- 
el IVade,  the  faid  Henry  Pope,  the  apprentice,  and  the 
faid  indenture  of  apprenticeihip,  and  all  the  right,  ti- 
tle, interell.  term,  fervicej  benefitj  chim  and  demand 


ASSIGNMENT.  i-i^ 

^yhatfocvcr,  of  him  the  fald  CoJirad  JToge^  of,  in,  or 
unto  the  faid  apprentice  by  force  and  virtue  of  thcfaid 
recited  indenture  or  othcrwilc  howfoever  :  '1  o  iuve 
and  to  hold  the  faid  a:  prentice,  and  the  faid  indenture 
of  apprcnticclliip,  rij^ht,  title,  intereft,  benefit  and  fer- 
vice,  hereby  uil:g  led  unto  the  faid  Samuel  JTade^  his 
executors,  admiinillrators  and  af  igns,  irom  hencciorth, 
for  and  during  all  the  rehdue  and  remainder  now  to 
come  and  unexpired  of  the  faid  apprcnticclliip  or  term 
of  feven  years  aforefaid  ;  and  that  in  as  ample  and 
beneficial  a  manner  and  form  to  all  intents  and  purpo- 
ies  w  halfocver,  as  he  the  faid  Conrad  Jloge^  ^^I't^ht, 
could  or  ought  to  have  held  and  kept  the  faid  appren- 
tice by  force  and  virtue  of  the  faid  recited  indentuie  or 
otherwife  houfoever ;  (under  and  fubje^l:  neverthelefs 
to  the  covenants  and  agreements  therein  on  the  part  of 
the  faid  Conrad  llo^e^  to  be  done  and  performed:) 
Aiul  thcfaid  Samuel  IVade ,  doth  for  him  f  If,  his  cxe> 
cutors  and  adminiftrators,  covenant,  promife  and  agree 
to  and  v'ith  the  faid  Conrad  Hogc\  his  executors,  and 
adminiftrators,  by  thefe  prefents,  that  he  the  faid  5"^- 
nniel  JFadc^  his  executors  and  adminillrators  fliall  and 
ivill  well  and  truly  obferve,  perform,  fulfil  and  keep  the 
covenants  and  agreements  in  the  faid  recited  inden- 
ture of  apprenticeiliip  on  the  part  and  behalf  of  the  faid 
Conrad  Hogc^  to  be  done  and  performed.  In  witnefs, 
£cc. 

Another  short  Form, 

To  all  to  whom  thefe  prefents  fnall  come,  greeting " 
Whereas  Thomas  Holmes^  bv  this  indenture  made  8<:c. 
hath  put  Robert  Henry ^  his  fon,an  apprentice  to  me  the 
faid  Abel  Jhll^  to  learn  the  art  and  myik-ry  of  ^painter 
fcmdgluzier.  Know  ye,  that  I  the  faid  Abel  Bell,  have 
afiigned,  transferred  and  turned  over,  and  by  the  O-  pre- 
fents do  aflign,  transfer  and  turn  over  unto  Conrad  Doe, 


144  A  S  S  I  G  N  M  E  N  T. 

the  faid  Robert  Henry,  and  the  faid  indenture  ofap-- 
prcnticefiiip,  and  all  iny  right,  title,  intereft,  term, 
fervice,  benefit,  claim  and  demand  whaifoever» 
of,  in,  or  unto  the  faid  apprentice  by  force  and 
%'irtue  of  the  faid  recited  indenture  or  otherwife  how^ 
foever  :  I'o  have  and  to  hold  the  faid  apprentice, 
and  the  faid  indenture  of  apprenticefliip,  right,title, 
intereft,  benefit  and  fervice,  hereby  afiigned  unto  the 
faid  Conrad  Boe,  his  executors,  admmiftrators  and 
aifigns,  from  henceforth,  for  and  during  all  the  refidue 
and  remainder  now  to  come,  he  finding  to  the  faid  ap- 
prentice, meat,  &c.  and  all  other  necefiaries  during  the 
faid  term,  and  teaching  and  in{lru8:ing  him  in  the  art 
and  myftery  aforefaid,,  as  I  Abel  Bell  am  bound  and  o- 
bliged  according  to  the  tenor  of  the  faid  indenture.  In 
xvitnefs  whereof,  &c. 


Of  a  Mortgage 'for  a  term  of  years  by  to  ay  of  indorse, 
ment,  and  of  a  Bond  for  payment  of  the  Mort-. 
gage-money^  and  for  performance  of  Co'uenantSy  ivitb 
a  Letter  of  Attorney^ 

Know  all  men  by  thefe  prefents,  that  I  the  within 
named  Samuel  Capp,    in  confideration  of  the  fum  of 

■ ,  to  me  in  hand  paid  by  Thomas  Bently,  of -, 

and  for  divers  other  good  caufes  and  confiderations  me 
hereunto  efpecially  moving,  have  bargained,  fold,affign- 
ed,  transferred  and  let  over,  and  by  thefe  prefents  do 
bargain,  fell,  affign,  transfer  and  fet  over  unto  the  faid 
Thomas  Bently,  his  executors,  adminiftrators  andaf- 
ligns,  All  and  fmgular  the  within  indenture  of  demife, 
and  premifes  thereby  granted  and  demifed,  or  mention- 
ed or  intended  fo  to  be,  and  every  part  thereof,  with 
the  appurtenances ;  and  all  my  eftate,  right,  tide,  inte- 
reft-, term  of  years  to  come,  propert)-,  claim  and  de- 


ASSIGNMENT.  145 

mand  whatfoever,  eiihcr  in  law  or  equity,  of,  in  or  to 
the  fame,  or  any  pai  t  tiKrcof :  And  alio  one  bond  or 
obligation  bcariii;^  equal  date  whh  theu  ithin  incteniure, 
whereby  the  wilhin  named  Titus  Crane  became  bound 

to  me   "in   the  penal  liin>  oL ,  conditioned  for  the 

payment  of wiUiui  mentioned,  and  for  the  true 

performance  of  the  leveral  covenants  in  the  within  in- 
demure  mentioned,  and  all  and  every  fum  andfumsof 
money  due,  or  to  grow  due  thereon  :  To  have  and  to 
hoid  the  laid  foveral  kc.  and  premifes,  by  the  within 
indenture  granted  anddemifi-d,  with  their  appurtenan- 
ces, unio  the  faid  Thomas  Bcvtly,  his  executors,  ad- 
miniftrators  and  aftigns,  from  henceforth,  for  and  dur- 
ing the  relidue  and  remainder  now  to  come  and  unex- 
pired of  the  within  term  of years,  fubje6l  to  the 

provifo  within  contained  ;  and  to  have,  receive  and 
take  all  and  every  fum  and  fums  of  money  due,  or  to 
grow  due  upon  the  faid  bond  to  the  faid  1  homas  Bent' 
ly,  his  executors,  adminiftrators  and  afligns,  to  his  and 
their  own  proper  ufe  and  behoof:  And  I,  the  laid 
Sarjiuel  Capp,  do  here  by  make  the  (aid  Thomas  Bent' 
ly^  his  executors,  adminiftrators  and  afltgns,  my  true 
and  lawful  attorney  and  attornics,  Sec  [as  in  a  letter 
ej  attorney  in  the  assignment  of  a  bond^p.  138.]  And 
1  the  faid  Samuel  Capp,  do  hereby  for  myfelf,  my  heirs, 
executors  and  adminiftrators,  covenant,  promife  and 
grant  to  and  v/ith  the  faid  Thomas  Bcntly,  his  execu- 
tors, adminiftrators  and  afficrns,  by  thefe  prefents,  that 
I  the  faid  Samuel  Capp,  have  not  at  any  time  or  times, 
made,  done,  committed,  or  wittingly  or  willingly  fuf«. 
fered  any  a6l,  matter  or  thing  whatfoever,  whereby  or 
by  reafon  or  means  whereof  the  fiid  hereby  bargained 
and  affigned  premifes,  or  any  part  thereof,  is,  are,  fliall 
or  may  be  charged  or  impeached  in  title,  charge,  CS" 
tate  or  othervile  howfoever.     In  witnef^j,  &tc, 

i  19] 


146  A  S  S  I  G  N  M  E  N  T. 

Of  a  Bond  in  trust  for  the  uses  of  Marriage  Jrttchs, 
in  discbarge  of  the  residue  of  Money^  fa  Mort- 
gage being  made  for  part  J  due  on  a  Bond  to  the  like 
■uses. 

This  indenture  quadripartite,  made  the day  of 

. ,  httwQtn  Martha  Ho^iv,  of— — ,  of  the  firft  part, 

Joel  Eaton,  of ,  of  the  fecond  part,  Eli  Elaines,  of 

. ,  and  Rachel  his  wife,  of  the  third  part,  2X\i\Caleb 

Wain,  of ,  and  Lemuel  Ho\\j,  of- ,  of  the  fourth 

part.     Whereas  the  faid  Martha  Ho%[),  in  and  by  one 

bond,  dated  the  ^^  became   bound  unto  the  faid 

€aleb  TVain,  in  the  penal  fum  of ,  conditioned  for 

Ihe  payment  of  — — ,  on  ■ — -,  to  be  applied  and  dif; 
pofed,  to,  for  and  upon  fuch  ends,  intents,  trufts  ^ncj, 
purpofes,  as  were  agreed  and  declared  in  and  by  cer- 
tain articles  of  agreement,  bearing  date  the ,  and 

made' between  the  faid  Eli  Haines,    of   the  one  part, 
and  the  faid  Caleb  Wain,  and  Lemuel  How,  o^  i\i^  o- 

ther  part :    And  whereas  Richard  Mason,    of -, 

fmce  deceafed,   together  with  the  faid  Joel  Eaton,  m 
and  by  one  other  bond,  became   bound  unto  the  faid 

Martha  LIow,  in  the  penal  fum  of ,  conditioned 

to  be  void  on  payment  by  the  faid  Richard  Mason  and 

J&el  Eaton,  of  the  fum  of ,  on ,as  by  the  faid 

bonds  reference  being  thereunto  had  more  fully  appears. 
And  whereas  the  iak\3Iartha  How  hath,  in  and  by  one 
indenture  bearing  date  the  day  next  before  the  day  of 
the  date  hereof, ''granted  to  the  l\\id  Caleb  Wain,  by 
■way  of  mortgage  a  melTuage  &c.  for  fecuring dol- 
lars and  intereft,  towards  difcharging  and  in  part  of 
payment  of  the  faid  firft  recited  bond  :  Now  this  inden- 
ture witneffeth,  that  the  MdMartha  How,  for  the  pay- 
ment and  fatisfaftion  of ,  and  in  full  difcharge  of 

the  faidfirft  recitedbond,and  in  confideration  alfoof  the 
fum  of  one  dollar  to  her  in  hand  by  the  faid  Caleb 
IVain^'md  Lemuel  How^\it\\  and  truly  paid,  (he  tke  iaid 


ASSIGNMENT.  X47 

Martha  How^  hath  bargained,  fold»afIigiied,traHsferred 
and  let  over,  and  by  thclc  prtients  doth  bargain,  fell, 
aliijL^n,  transfer  and  fet  over  unto  the  laid  Caleb  JFain 
and  Lemuel  Hinv^  their  executors,  adminillrators  and 
aHigns,  the  faid  lail  recited  bond  or  obligation  entered 
into  by  the  faid  Richard  Mason  and  Joel  La (o?iy  to  the 
faid  Martha  How  ^  as  aforefaid,  and  the  monies  thereby 
leeui'ed,  and  all  her  right,  title,  interell,  claim  and  de- 
mand u  halfoever,  of,  in  and  to  the  fame.  And  8fc. 
[^As  in  I^et  tor  of  attorney  ,p .  138]  for  herand  in  her  name^ 
and  in  the  name  or  names  of  her  executors  and  admi- 
nillrators, but  upon  the  irufts  and  for  the  ends,  intents 
and  purpofes  in  the  faid  articles  mentioned,  to  alk,  re- 
quire, demand,  recover  and  receive  of  and  from  the  faid 
i^c,  and  for  non-payment  thereof,  they  the  faid 
Caleb  jrain^nd.  Lemuel  How  and  their  executors,  ad- 
miniflrators  and  alligns,  to  fue  for  the  fame  ;  and  on 
payment  thereof,  to  deliver  upandcancel  the  faid  bond^ 
and  give  fufficient  releafes  and  difcharges  thereof.  All 
•which  monies,  when  received,  iliall  and  ought  to  be 
laid  out,  applied  and  difpofedto  and  for  fuch  ufes,  in- 
tents, trufts,  and  purpofes,  as  are  agreed  and  declared 
by  and  in  the  laid  before  mentioned  articles.  And 
l_Covcna?it  not  to  receive  the  money.,  nor  release'^  ^c. 
as  in  p.  138.]     In  witnefs,  ^c. 


Of  an  Intestate^ s  Personal  Estate  by  the  Jdmitiistra- 
tor^  and  a  re-ass?^^ntncjit  of  it  to  the  Administrator 
in  order  to  alter  the  Property. 

To  all  to  whom  thefe  prefents  fliall  come,  I  TnUlam 
Jones.Gi-^ — ,  fend  greeting:  Whereas,  I  the  laid  IViUi- 
am  Jones,  \\\ion  the  deceafe  of  my  kite  daughter  Esther 
Jones,  hiive  in  due  form  of  kav  taken  out  letters  of  ad- 
miniliration  to  my  fuid  late  daughter  Esther  Jones ,  and 


148  ASSIGNMENT. 

am  thereby  entitled  to  ^vhatfoever  perfonal  eflate  flic 
did  die  any  ways  poilVlllcI  of,  intereiled  in,  or  entitled 
to  :  Now  thefe  prefei)tt>  witnefs,  That  I  the  faid  fVil- 
liam  Jones,  nitending  hereby  to  aher  the  property  of 
fuch  perfonal  eftate,  have,  Tor  the  pnrpofe  atbreiaid, 
and  lor  and  in  coniideration  of  the  funi  of  one  dollar  to 
rae  paidbymy  fon  JVi  III  am  Jones,  and  Walter  Fitch, 

of ,  tiie  receipt  \^•helcof  ib  hereby  acknowledged), 

bargained,  fold,  afligned,  transferred  and  fet  over,  and 
by  thcfe  prefents  do  bargain,  fell,  affi^^n,  transfer  and 
fet  over  unto  my  faid  fon  William  Jones,  and  Walter 
Fitch,  their  executors,  adminiftrators  and  affigns,  all 
and  hngular  the  goods,  chattels,  monies,  mortgages, 
fecurities,  and  all  other  the  perfonal  eftate  of  what  na- 
ture or  quality  foever  the  fame  may  be,  which  my  faid 
late  daughter  Esther  Jones  \\  as  any  ways  poffefied  of, 
intereflecl  in,  or  entitled  unto,  at  the  time  of  her  de- 
ceafe  :  To  have  and  to  hold  the  find  goods,  chattels, 
monies,  mortgages,  fecurities  and  perfonal  eftate  unto 
the  faid  William  Jones,  and  Wilter  Fitch,  their  exe- 
cutors, adminiftrators  and  affigns  ;  in  truft  neverthe- 
lefs  for  me,  and  for  my  only  ufe  and  benefit.  In  witnefs, 

icr  The  re-affignm.ent  to  be  indorfedon  the  back 
thereof,  and  dated  the  day  after  the  date  of  the  above. 

Memorandum  :  That  we  the  within  named  Williatri 
Joncs,jiin.  and  Walter  j^/rcy6,putfnant  to  the  truft  in  us 
repofed  by  the  within  named  William  Jones,  and  for 
and  in  confideration  of  the  fum  of  one  dollar  to  us  in 
handpaid  by  the  faid  William  Jones,  the  receipt  where^ 
of  we  do  hereby  refpeQively  acknowledge,  have  bar- 
gained, fold,  affigned,  transferred  and  fet  over,  and  by 
thefe  prefents  do,  and  each  of  us  doth  bargain,  fell, 
affign,  transfer  and  fet  over  unto  the  faid  V/iWam  Jones, 
his  executors,  admijiiftrators  and  afllgns,  all  the  goods, 


ASSIGNMENT.  149 

chattels,  monies,  mortgages,  fccurities,  and  all  other 
the  perfonal  eitate  wliairotver,  \vhich  by  the  wiihin 
U'ritten  deed,  is,  or  are  mentioned  or  intended  to  be  ai"- 
iigned  unto  us  by  the  faid  Jniliam  Jones^  to  have  and 
to  hold  the  laid  goods,  chattels,  monies,  mortgages, 
lecurities,  and  all  other  the  peribnal  eftate  whatjoever 
fo  afligned  unto  us  as  aforefaid,  unto  the  faid  jnUiam 
Jojics^  his  executors,  adminiilrators  and  alTigns,  to  and 
for  his  and  their  own  proper  ufe,  behoof  and  benefit, 
In  Witnefs,  ^d'c. 


Of  an  Aimiiity  left  by  JVilL 

Whereas  Richard  Doe^  late  of ,  in  and  by  his 

laft  will  and  teftament  in  writing,  bearing  date  the  — — 
day  of ,  which  was  in  the  year ,  gave  and  be- 
queathed unto  his  brother  Paul  Doe^  one  annuity  or 
clear  yearly  funi  of  one  hundred  dollars,  to  be  paid 
quarterly,  during  the  natural  life  of  the  faid  Paul  Doe^ 
and  the  faid  tellator,  by  his  faid  laft  will,  amongft  other 

things,  charged  all  his  edate  in ,  with  the  payment 

of  the  faid  annuity,  as  by  the  faid  will,  relation  being 
thereunto  had  may  appear  :  And  whereas  the  faid  tef- 
tator  foon  after  died  without  altering  or  revoking  his 
faid  will  :   And  whereas  the  faid  Paul  Dot\  by  deed 

poll,  bearing  date  the day  of laft,    for  the 

confideration  therein  mentioned,  did  bargain,  fell,  af- 

fign,  transfer  and  fet  over  unto  John  Grj^en^  of , 

the  faid  annuity  or  yearly  fum  of  one  hundred  dollars, 
payable  to  him  as  aforediid,  and  which  fliould  fiom 
time  to  time  become  and  grow  due  and  payable,  by 
virtue  of  the  faid  recited  will,  and  all  his  efta'te,  right, 
title,  intereft,  property,  claim  or  demand,  of,  in  and  to 
the  iame  ;  to  hold,  receive,  perceive,  take,  and  enjoy 
the  faid  thereby  afligned  premifes,  from  time  to  time  as 


150  ASSIGNMENT. 

the  fame  fiiould  become  due  and  payable  unto  the  faid 
John  Grecn^  his  executors,  adrainillrators  and  aiTsgng, 
as  and  for  his  and  the  irovvnproper  monies  :  And  where- 
as y<;7777c'5  Tr'ipp^  of ,  haih  contra^led  and  agreed 

with  the  faid  [John  Green^  for  the  purchafc  oi'  the  faid 
annuity  fo  afligned  to  him  as  atbrefaid,  and  the  arrears 
thereof,  from  January  laft,  to  which  time  the  faid  an- 
nuity was  paid  to  the  faid  Paul  Doe ^  at  and  for  the  fum 

@f dollars  :  Now  know  all  men  by  ihefe  prefents, 

that  1  the  faid  John  Grceiij  for  and  in   confideration  of 

the  faid  fum  of dolJ^irs,  of  lawful  money   of  the 

United  States,  to  me  in  hand,  well  and  truly  paid  by  the 
i.2Ci^  James  Tripp^  at  and  before  the  fealing  and  delive- 
ry of  thefe  prefents,  the  receipt  whereof  is  hereby  ac- 
knowledged, and  for  other  good  caufes  and  confidera- 
tions,  me  hereunto  moving,  have  bargained,  fold,  af- 
figned,  transferred  and  fet  over,  and  by  thefe  prefents 
do  bargain,  fell,  affign,  transfer  and  fet  over  unto  the 
faid  James  Tripp^  the  faid  recited  annuity  or  yearly 
fum  of  one  hundred  dollars,  lo  alTigned  or  fet  over  to 
me  as  aforefaid,  and  which  fhall  from  time  to  time  be- 
come af:;d  grow  due  and  payable  by  virtue  of  the  faid 
recited  will,  and  the  faid  recited  (\t<'.(\  poll  of  afiignment 
thereof,  and  the  faid  arrear  of  the  f  lid  annuity,  and  all 
my  eftate,  right,  title,  intereft,  property,  claim,  or  de- 
mand, of,  in  and  to  the  fame  :  To  have,  hold,  receive, 
perceive,  take,  and  enjoy  the  faid  hereby  afligned  pre- 
mifes,  from  time  to  time,  as  the  fame  fliall  become  due 
and  payable,  and  the  faid  arrear  unto  the  faid  James 
Tr'ipp^  his  executors,  adminillrators,  and  affigns,  as 
and  for  his  and  their  own  proper  monies  :  And  for  the 
confiderations  aforefaid,  and  for  the  better  enabling  the 
faid  James  Tripp ^  to  recover  and  receive  the  laid  here- 
by afligned  monies,  I  the  faid  John  Green^  have  made, 
ordained,  conilituted  and  appointed,  and  by  thefe  pre- 
fents do  make,  ordain,  conftitute  and  appoint,  the  faid 
James  Tripp^Wis  executors, adtninillrators,  and  affigns^ 


ASSIGNMENT.  151 

to  be  my  true  and  lawful  attorney  and  attornics,  irre- 
vocable, in  my  name,  or  otheru  ile,  but  to  the  Iblc  ufe 
and  behoof  ofhim  the  faid  James  Tripp,  his  executors, 
adniiniltrators  and  aiVigns,  to  alk,  demand,  and  receive 
of  and  from  all  perfons  whom  it  doth  and  may  concern, 
the  faid  annuity  or  yearly  fum  of  one  hundred  dollars, 
payable  as  aforefaid,  during  the  natural  life  of  the  faid 
Peter  Doe,  and  the  faid  arrears  thereof,  and  to  bring, 
commence,  or  profecute  any  a6\ion,  fuit  or  procefs,  ei- 
ther at  law  or  in  equity,  for  the  recovering  and  obtain- 
ing thereof,  as  lliall  be  requiiite  and  necelTary,  and  at- 
tornies  one  or  more  under  him  or  them  to  fubilitute, 
and  at  plcafure  to  revoke,  and  to  do  and  perform  all  and 
every  other  lawful  acl  and  a6\s,  thing  and  thirigs,  in 
and  touching  the  premifes,  as  fully  and  effe^lually  to 
all  intents  and  purpofes  as  I  the  faid  John  Green  might 
or  could  have  done,  before  the  execution  of  thefe  pre- 
fents  :  And  laflly,  1  the  faid  John  Green,  do  here- 
by covenant,  promife  and  agree,  to  and  with  the  laid 
J a?nes  Tripp, his  executors,  adminiftrators  and  afligns, 
that  I  the  laid  John  Green,  upon  every  reafonlible 
rcqueft,  of  the  faid  James  Tripp,  his  executors,  admi- 
nillrators and  afligns,  lliall  and  will  make,  do,  and  exe- 
cute, or  procure  to  be  made,  done  and  executed,  all 
and  every  fuch  further  and  other  law  ful  and  reafonabl« 
a6l  and  ac\s,  thing  and  things  whatfoever,  for  the  fur- 
ther, better,  more  perfe<Sl,  and  abfolute  afii<;ning  and 
affnringthe  faid  annuity  or  yearly  fum  of  one  hundred 
dollars,  and  the  fliid  arrears  thereof,  unto  the  faid  James 
Tripp,  his  executors,  adminiftrators  and  afligns,  as  by 
the  laid  James  Tripp,  his  executors,  adminiftrators  or 
afligns,  or  his  or  their  counfcl  learned  in  the  law,  fliall 
be  reafonably  dcvifetl  or  advifed,  and  required.  In 
witnrfs,  Sz:c. 


152  A  S  S  I  G  N  M  E  N  T. 

Of  a  Share  of  the  residuary  Part  of  a  Personal  Estate, 

To  all  to  M  horn  thefe  prefents  fliall   come,   Giles 

Pugh^  of  ~,   fendeth   greeting :   Whereas  Da'uid 

Pugh^  late  of ,  deceafed,  by  his  laft  ^vill  and  tefla- 

ment  in  writing,  in  the  French  language,  bearing  date 
on  or  about  the day  of ,  after  the  feveral  le- 
gacies therein  mentioned,  and  his  funeral  and  lawful 
debts  were  paid,  *'  did  declare  his  mind  and  will  to  be, 
that  all  the  reft  and  refidue  of  his  cftates  fliould  be  pla- 
ced out  by  his  executors,  upon  fome  government  fecu- 
rities,  in  truft,  to  pay  the  dividends  and  intereft  to  his 
daughter  Sarah  Smarts  wife  of  John  Smarts  during 
her  natural  life,  upon  her  own  private  receipt,  without 
the  intervention  of  her  hufband,  and  after  her  deceafe, 
his  faid  ei^ecutors  fliould  transfer  by  equal  portions, 
the  ftocks  in  which  the  faid  reft  and  refidue  of  his  eftate 
fhouldhave  been  placed,  to  the  children  which  his  faid 
daughter  Sarah  ihould  leave  at  the  time  of  his  death, 
at  their  refpe(Slive  ages  of  twenty-one  3'ears,  the  divi- 
dcnds  and  intereft  of  the  faid  ftocks,  in  the  mean  time 
to  be  paid  and  laid  out  for  their  refpeftive  maintenances 
and  education,  and  in  cafe  his  faid  daughter  fhould  die 
without  leaving  any  children,  or  if  flie  leave  any,  and 
fuch  iffue  fliould  happen  to  die  before  they  attained  the 
age  of  twenty-one  years,  then  he  willed  that  after  the 
death  of  his  faid  daughter,  flie  dying  without  ilfue,  his 
eftate  fliould  go  to  the  children  of  his  couftn  Arthur 
Plight  and  of  his  faid  will,  did  nominate  John  Pugh 
2iXv6.  James  Law^  executors,  as  in  and  by  the  faid  will 
duly  proved  by  the  faid  executors  in  the  proper  court, 
relation  being  thereto  had  may  appear  :  And  where- 
as the  faid  executors,  have  paid  the  debts,  legacies, 
and  funeral  expenfes  of  the  faid  teftator,  and  have  pla- 
ced the  refidue  of  the  faid  teftator's  eftate  in  govern- 
ment fecurities,  upon  the  trufts  in  the  faid  recited 
will.     And  whereas  the  faid  Sarah  Smart,  hath  one 


ASSIGNMENT,  1 SS 

child  now  living  ;  and  the  laid  tclbtor's  con^m^  Art  bur 
Plight  hath  four  children  living,  viz.  the  laid  Gtorge 
Fiigb,  and  two  other  Ions,  and  one  daughter,  now  rcr 
fidingin  France  :  And  whereas  the  faid  John  Smarty 
hnlband  of  the  faid  Sara/j,  hath  agreed  with  the  faid 
George  Pugh,  to  jnuchafe  of  him  the  part  and  fhare  of 
the  reiidue  of  the  fliid  teftator's  pcrfonal  eflate  fo  direct- 
ed to  be  put  out  at  intereft  as  aforefaid,  \\hich  will  be 
coming  due  to  him  in  cafe  of  the  deceafe  of  the  faid 
Sarah,  without  iffue,  or  of  the  deceafe  of  fuch  ilTue 
before  the  age  of  twenty -one  years,  at  and  for  the  fum 

of .     Now  know  ye,  that  the  faid  George  Pugh^ 

for  and  in  confideration  of  the  faid  fum  of ,  of  law- 
ful money  of  the  United  States,  to  him  in  hand,  at  or 
before  thefealing  and  delivery  of  thefejprej^its  by  the 
faid  John  Smart,  well  and  truly  paid, the  receipt  where- 
of he  the  faid  George  Pugh,  doth  hereby  acknowledge, 
and  himfelf  therewith  fully  fatisfied and  contented,  hath 
bargained,   fold,    and  ailigncd,    and  by  theie  prefents 
doth  freely,  clearly,  and  abfolutely,  bargain,  fell,  and 
affign,  unto  the  faid  John  Smart,  his  executors,  admi- 
iiiftrators  and  affigns,  all  fuch  part,  fliare,  and  propor- 
tion of  the  reliduary  part  of  the  pei  Tonal  eftate  of  the  faid 
Da'Did  Pugh  deceafed,  direvH^ed  by  his  faid  recited  will 
to  be  placed  out  at  intereft,   by  his  executors  on  gov- 
ernment fecurities  as  aforefaid,  as  Ihall  at  any  time  or 
times  hereafter  become  due  to  him  the   faid  George 
Pugh,  by  or  upon  the  deceafe  of  the  faid  Sarah,  wife 
of  the  faid  John  Smart,  without  iilue,   or  by  or  upon 
the  deceafe  of  fuch  iffue  before  the  age  of  twenty-one 
years,  or  otherwifc  howfoever.  And  all  the  right,  title, 
intereft,  equity,    benefit,  claim,  and  demand  whatfoe- 
ver,  of  him  the  faid  George  Pu^h,   of,   in,   or  to  the 
fame,  To  have,  hold,  receive,  perceive,  take  and  enjoy 
the  faid  premifcs,  and  every  part  thereof,   unto  the  faid 
John  Stnart,  his  executors,  adminiftrators,  andafligns, 
to  his  and  th^ir  own  proper  ufe  aad  behoof  for  ever, 

C  20  ] 


354  ASSIGNMENT. 

And  the  better  to  enable  the  faid  'John  Smart,  his  ex- 
ecutors, adminiflrators,  and  airigns,to  have  and  receive, 
the  fame  in  caiethe  faid  contingency  fliall  happen,  he 
the  faid  George  Fii^^b  doth  hereby  niaive,  ordccin,  con- 
ititutc,  and  appoint  the  faid  JohnSmart,  his  executors, 
adniiniftrators,  and  aiiigns,  his  true  and  lawful  attor- 
ney and  attornies,  irrevocable,  in  the  name  of  him  the 
faid  Gcer^e  Pzigh^  or  in  his  or  their  ovvU  name  or 
names,  and  to  his  and  their  ovvn  proper  ufe,  to  alk,  de- 
jnand,fue  for,  recover,  and  receive  of  and  from  the/aid 
John  Piigb^  ViwCi  James  X^^i;,andthe  furvivor  of  them, 
and  the  executors  and  admin iftrators  of  fuch  furvivor, 
and  all  and  every  other  perfon  and  perfons  liable  to  the 
payment  thereof,  all  fuch  fum  and  fums  of  money  as 
iliall  liecome  due  to  him,  the  faid  George  Fugh,  by  the 
laid  recited  will,  in  cafe  of  the  deceafe  of  the  faid  Sa- 
rah  without  iifue,  or  by  the  deceafe  of  fuch  iifue  before 
the  age  of  tv/enty-one  years  ;  and  upon  receipt  thereof, 
or  of  any  part  thereof,  acquittances,  or  other  difcharges 
for  him  and  in  his  name,  or  in  his  or  their  own  name 
cr  names  to  make  and  give,  and  for  non-payment  to 
fue  and  profecute  for  the  fame,  as  he  or  they  fliall  be 
advifed,  giving,  and  hereby  granting  to  the  faid  John 
Smarts  his  executors  and  adminiilrators,  full  power 
and  authority,  in  the  premifes,  to  a6l  and  do  therein 
as  fully,  to  all  intents  and  purpofcs,  as  he  the  faid 
€jcorz.e  PiLzh  mi«:ht  or  could  do  if  thefe  prefents  had 
aiever  been  made.  And  the  faid  George  Piigh  for  him- 
self, his  executors,  adminiilrators  and  aligns,  doth  co- 
venant and  agree  to  and  with  the  faid  John  Smarts  his 
executors,  adniiniftrators  and  aiiigns,  by  theie  prefents, 
in  manner  and  form  following  (that  is  to  fay),  That  he, 
the  faid  George  Pn^'h.  Iiath  not  at  any  time  heretofore 
made,  done,  committed,  or  lufFered,  any  aCi,  matter^ 
or  thing,  a6ts,  matters  or  things  whatfoever,  whereby 
or  wherewith,  or  by  means  or  occafion  whereof  the  faid 
coirtingent  intereil  in  the  reuduary  part  of  the  faid  tef- 


ASSIGNMENT.  155 

ts.tor's  efta(c  hereby  afligned,  or  intended  to  be  alTigned, 
or  any  part  thereof,  is,  arc,  Ihall,  or  may  be  rclcaied, 
extinguilhed,  impeached,  charged,  or  incumbered,  in 
any  manner  of  wife.  And  alfo,  that  he  the  faid  George 
Pii^h,  his  executors  and  adminiilrators,  fliall  and  will 
from  time  to  time,  and  at  all  times  hereafter,  upon  the; 
reafonable  requell,  and  at  the  cofts  and  charges  in  the 
law,  of  the  fald  John  Smart,  his  executors,  adminiftra- 
tors,  and  aifigiis,  make,  do,  and  execute,  or  caiife  and 
procure  to  be  made,  done,  and  executed,  all  fuch  fur- 
ther and  other  lawful  and  reafonable  at5\  and  a6ls,  thing 
and  things,  conveyances  and  aPAirances  in  the  law 
vvhatfoever,  for  the  further  and  better  alfigning  and  af- 
furing  the  laid  premifus  to  the  faid  John  Smart,  his  ex- 
ecutors, adminilh-ators,  and  afiigns,  as  by  the  fiiid  John 
Smart,  his  executors,  adminiftrators,  and  aifigns,  or  hi<5 
or  their  counfcl  learned  in  the  law,  fliall  be  rcafonabiy 
devifcd,  advifed  or  required,     la  witnefs,  &c. 


ICT  The  attorney  mull  fjgn  the  name  of  his  conlti- 
tutor,  thus : 

George  F ugh  by 
^ohn  Bourqiiet. 

Memorandum  :  That  John  Bourqiiet,  of ,  purfu- 

antto  and  by  virtue  of  a  letter  of  attorney,  and  pow- 
cr  to  him  made  and  given  by  the  within  named 
George  Pugh,  did,  in  the  name  of  the  fiiid  George 
Pugh,  hgn  and  feal,  and  as  the  act  and  deed  of  hina 
the' faid  V/6'or£^^'  Piigh,  dehver  the  within  written 
ticcd-poll,  in  theprcfence  of  us. 


156  ASSIGNMENT. 

Of  two  Bonds  from  an  Executor  to  a  Legatee,  and  a 

Release  from  the  Legatee, 

This  indenture  made  the  — ^ —  day  of  — — ,  between 

Jane  Rose,  of- ,  executrix  of  the  hill  will  and  tell- 

ament  of  Edward  Rose,  late  of ,  barber ^  oi  Read- 
ing, her  late  hulband,  deceafed,  of  the   one  part ;  and 

JVilUam  Rose,  of ,  fon  of  the  faid  Edward  Rose^ 

deceafed,  of  the  other  part.  Whereas  by  virtue  of 
\_Here  recite  testator  being  possessed  of  an  annuity.'^ 
And  whereas  Samuel  Teel,  fenior,    and  Samuel  Teel^ 

junior,  of ,    by  their   bonder  obligation,   under 

their  hands  and  feals,   bearing  date  the   day  of 

— — ,  which  was  in  the  year  of  our  Lord ,  became 

jointly  and  feveraily  bound  to  the  laid  Edward  Rose^ 

deceafed,  by  the  defcription  oi  Edward Ro^e  of , 

in  the  penal  fmn   of ,  conditioned    for   payment 

unto  the  faid  Edward  Rose,  his  executors,  adminillra- 

tors  or  alTigns,  of  the  fum  of on  the  • day 

of next.     And  whereas  Enoch  Evans,  junior, 

of ,  by  his  bond  or  obligation  \_Here  recite  ano- 
ther bond'\,  as  in  and  by  the  faid  recited  bonds  or  obli- 
gations, with  the  conditions  thereof,  relation  being 
thereunto  refpeSlively  had  more  fully  may  appear. 
And  whereas  the  faid  Edward  Rose  died  on  or  about 

the day  of lall,  having  firll  made  his  lalt 

will  andtellament  in  vAriting,  and  therein  after  giving 
fome  few  pecuniary  legacies,  and  amongft  them  to  his 

fon  George  Rose  the  fum  of ,  (if  alive),  not  having, 

as  he  therein  fays,  heard  from  him  for  near  twenty. 
years  pall,  he  gave  unto  the  fvid  Jane  Rose,  all  his  own 
third  of  the  refidue  of  his  ellate,  befides  her  own  third, 
which  he  therein  fays,  was  her  right  by  law,  and  all  his 
plate,  m.oney  in  hand,  and  houfehold  goods,  flie  pay- 
ing all  his  debts  and  funeral  expenfes  ;  and  he  alfo 
gave  to  the  faid  JVilliam  Rose,  the  other  third  of  his 
dilate  for  himfelf  and  children  after  hini  3  -.vhen  all  ;i£r 


ASSIGNMENT.  157 

cciTary  charges  and  cxpenfes  were  allowed  for  and  deJ 
dLi(?l;ed,  and  particularly  the  Icf^acies,  and  he  declared 
his  will  to  be,  that  all  his  Itock  in  the  bank  of  the  Unit- 
ed  States,  ihould  be  poUefled  by  the  faid  Jane  Rose, 
as  part  of  her  tvvo-thirdbof  his  eflate  ;  and^f^if  hundred 
dollars  in  cafli  out  of  the  money  in  the  hands  of  tlie  faid 
jC/iOfyt?  jE'-uY.'/ij,  for  whichhe  therein  lay  she  hadtvvo  bonds, 
one  ofT^'yc/^z/wr/ra/dollars,  the  other  of /luo  hundred  dol- 
lars ;  the  two  hundred  (\o\\?^xs,  the  tellator  therein  n\ys,he 
aflignstothefaid  jriHiamRosc,  andalfo/iix?  hundreddol- 
larsin  the  hands  of  theaforefaid^S^wzz/f/Ti-r/jicnior,  and 
Sumuel  Tcel^  junior,  and  an  annuity  o^ forty  dollars  per 
annum,   whioh  the  teltator  therein  lays  he  viduts  at 
three  hundred  dollars,  together,  se'i^en  hundred  dollars, 
and  made  the  foid  Jcvie  Rose^  fole  executrix  of  hisHiid 
will,  as  by  the  faid  will  duly  proved  by  the  laid  execu- 
trix in  the  proper  court,    relation  being  thereto  had 
may  more  fully  appear.    And  whereas  the  faid  recited 
annuity  and  order,   is  the  annuity  o^  forty  dollars  per 
annum,  which  the  faid  teftator,  in  the  faid  recited  will 
fays,  he  affip^ns  to  the  faid  Jnil'iLVn  Rose  ;  and  the  faid 
two  recited  bonds  were  taken  by  the  faid  teftator  for 
the  fums  of  tivo  hundred  dollars,  and  fcjo  hundred  dol- 
lars which  by  his  faid  will  he  fays  he  afligns  to  the  faid 
JViUiain  Rose.     And  whereas  the  faid  George  Rose^ 
the  fon,  if  living  at  the  time  of  the  death  of  the  faid 
teftator,  was  entitled  to  a  Ihare  of  the  orphanage  part 
of  the  faid  teftator's  eftate,  in  which  cafe  the  annuity 
of /brfy  dollars  per  annum,  and  two  bonds  of  nvo  hun- 
dred dollars  each,  will  be  more  than  the  faid   JFilliani 
Rosens  fliare  of  thefaid  teftator's  peribnaleftatc  amounts 
imto.     And  whereas  the  faid   JVilliam  Rose  alleges 
that  from  the  length    of  time   elapibd  fince  the  faid 
George  Rose  was  heard  ol',  there  is  great  reafon  to  be- 
lieve he  died  before  the  faid  teftator,  and  hath  requeftcd 
the  faid  Jane  Rose  to  alhgu  over  to  him  the  faid  annui- 
ty 0^  forty  dollars  per  annum,  and  tyvo  boiids  of  tw(f 


S58  ASSIGNMENT. 

^z.','^^;t^  dollai's  each,  M'hich  the  hid  Jani'  I^ose  hatl\ 
confented  to,  on  his,  the  faid  H'illiam  Rose's  agreeing 
to  accept  the  fame  in  full  of  all  demands  out  of  the  faid 
tedator^sperfonai  eftate,  and  indemnifying  her  as  here, 
in  after  inentioned.      And  whereas  the  faid  Jane  Rose 
in  part  performance  of  the  faid  agreement  on  her  part, 
hath  by   deed-poll   of  aifignraent,  bearing  even  date 
berewitb,  affigned  to  the    faid  JViUiam  Rose,  his  exe- 
cutors, adminiftrators,  and  aiTigns,   the  faid  annuity,, 
tally,  and  order,  for  the  remainder  of  the  term  to  come 
therein  as  in  and  by  the  faid  recited  deed-poll  of  afiign- 
rnent,  relation  b^ing  thereunto  had  may  appear.    Now 
this  indenture  witnefTeth,   that  the  Aiid  Ja7ie   Rose,  m 
purfuance  and  full  performance  of  the   faid  agreement 
on  her  part,  and  for  and  in  confideration   of  ^;z^  dol- 
lars of  lawful  money  of  the  United  States,  to  her  in 
ImT'd,  at  or  before  the  fealing  and  delivery  of  thefe  pre- 
fents  by  the  faid  William  Rose  well  and  truly  paid,  the 
receipt' whereof  (he  the  imdJane  Rose  doth  hereby  ac- 
knowledge :   Hath  granted,  afiigned,  transferred,  and 
fet  over,  and  by  thefe  prefents  doth  grant,  ailign,  trans- 
fer, and  fet  over,  unto  the  faid  IFiUiam  Rose,  his  ex- 
ecutors,  admi'.iillrators,  and  alTigns,   as  well    the  faid 
two  fe^-eral  recited  bonds  or  obligations,  as  all  monies 
due,  and  to  grow  due  thereon  refpe6\ively,  and  all  ben- 
efit and  advantage  of  the   fame.     To  have,  hold,  re- 
ceive, take,  and  enjoy,   the  faid  two  feveral  bonds  or 
obligations,  and  all  benefits  and  advantages  of  the  flime, 
and  all  monies  due  and  to  grow  due  thereon  refpe6\ive- 
ly,  unto  the  faid  Willi  am  Rose,  his  executors,  admi- 
niftrators, and   afllgns  for  ever,  as  his  and  their  own 
proper  goods,  chattels  and  eftate,  for  his  and  their  own 
proper  ufe  and  behoof.     And  the  better  to  enable  the 
fiiid  William  Rose,  his  executors,  adminiftrators,  and 
afiigns,  to  get  in  and  receive  all  fum  and  funis  of  money- 
due,  and  to  grow  due  on  the  faid  recited  bonds  re- 
fpeaiyely,  fiie  the  faid  Jane  Rose,  hath  made,  ordain- 


ASSIGNMENT.  15^^ 

ed,  conllltuted,  and  appointed,  and  by  thcfe  prcfents 
doth  m:ikc,  ordain,  conilitutt,  and  appoint  ilic  laicl 
F/iH'unn  ltosL\  his  executors,  adminiilrators,  and  af- 
ligns,  her  true  and  kmliil  attorney  and  attovnies,  in'r- 
vocatilc  in  her  name,  plaice,  or  Head  ;  but  to  and  for  the 
proper  ufe  and  behooi"  of  him  the  faid  William  Roscy 
his  executors,  adminiitrators,  and  aHigns,  to  alT-;,  de- 
mand, and  fue  for^  recover  and  receive  of  and  from  the 
laid  Samuel  Tecl^  fenior,  Sainucl  Teel,  junior,  and 
iLiwcb  Kvans  refpeclively,  their  rcfpc^ive  hcirs,'e::- 
ecutors,  and  admiuiilrators,  all  and  every  fum  and  funis 
of  moixey  due  and  to  g-row  due  from  them  refpe«S\iveH\ 
on  the  laid  bonds  hertby  aiUgned.  And  upon  receipd^ 
of  the  fame  rcfpe(i'li\ely,  or  any  part  of  either  of  them, 
acquittances,  or  other  fufiicient  difcharges  in  her  name, 
or  in  his  or  their  own  ntime  or  names,  to  make  and 
give,  and  further  to  do,  execute,  and  perform,  all  and 
fvery  fuch  further  and  other  lawful  and  reafonable  act 
and  acts,  thing  and  things,  as  ihall  be  requifite  or  ne- 
cefiary  for  the  recovering,  obtaining,  and  getting  in  aii 
and  every  fum  and  funis  of  money  due  and  to  grow 
due  on  the  laid  bonds  hereby  aflisrned,  or  either  of 
them,  as  fully  and  effeiSlually,  to  all  intents  and  pur- 
pofes,  as  Ihe  the  faid  Jane  Rose,  her  executors  or  ad- 
niiniflrators,  might  or  could  do  if  perfonally  prcfent, 
and  thefe  piefents  had  not  been  made,l]:ie  the  faid  Jtwc 
Jiose^  hereby  ratifying  and  confirming  all  and  whatfoe- 
ver  the  faid  JVilliavi  R(7^c%  his  executors,  adminiilra^ 
tors  or  afiigns,  Ihall  lawfully  do,  or  caufe  to  be  done, 
in  or  about  the  premifes  by  virtue  of  thefe  prefents. 
And  the  faid  Jane  Kt/it-for  herfelf,her  heirs, executors, 
and  adminiib^ators,  doth  covenant,  promife  and  agree, 
to  and  with  the  faid  frUliam  IKose^  his  executors,  ad- 
miniib-ators  and  aiTigns,  by  thcfe  prefents,  in  manner 
following,  that  is  to  lay.  That  ilie  the  faid  Jane  Yiose, 
hath  not  received,  releafed  or  difcharged  ;  and  that  llie, 
her  executors  or  adminjftratorb,  ihall  not,   nor  will,  at 


160:  A  S  S  I  G  N  M  E  N  t. 

any  time  or  times  hereafter,  revoke,  releafe,  or  dif-. 
charge  the  faicl  two  bonds  hereby  afligned  or  intended 
to  be  alligned;,  or  either  of  them,  or  any  the  monies  due 
and  to  grow  due  thereon  refpe6tively,or  any  part  there- 
of, nor  any  ways  revoke,  countermand,  difannul,  make 
void,  or  defeat,  any  power,  authority,  matter,  or  thing, 
herein  contained  ;  nor  releafe,  difcontinue,  difavow,  or 
obftru6l,  any  a6lion  or  a61ions,  fuit  or  fuits,  or  other 
proceedings  which  fhall  or  may  be  commenced  or  pro- 
fecuted  by  the  faid  JFilliam  Wose^  his  executors,  ad- 
minillrators  or  affigns,  by  virtue  or  in  purfuance  of 
thefe  prefents  ;  nor  do,  execute  or  commit  nor  permit, 
or  fuffer  to  be  done  or  executed,  any  a6l, matter,  deed, 
or  thing  whatfoever,  whereby,  or  by  means  whereof, 
the  faid  William  Rcse^  his  executors,  adminiftrators, 
or  aiiigns,  fliall  or  may  be  prevented,  retarded,  or  ob- 
llrucled  in,  or  from,  the  executing,  performing,  and 
acting,  according  to  any  power,  authority,  matter  or 
thing  herein  contained  ;  or  in  or  from  the  having,  rc- 
i?;ovcring,  or  receiving  of  the  faid  hereby  afligned  pre- 
jTiifes  or  any  part  thereof.  And  lallly,  that  flie  the 
faid  Jane  Rose^  her  executors,  or  adminiilrators,  fhall 
and  will  at  any  time  or  times  hereafter,  upon  the  rea- 
fonable  requeft,  and  at  the  proper  coils  and  charges  of 
him  the  faid  IFilliavi  Rose^  his  executors,  adminilb-a- 
tors  orafiigns,  do,  execute  and  perform,  or  caufe  to  be 
done,  executed  and  performed,  all  and  every  fuch  fur- 
ther and  other  lawful  and  reafonable  a6l,  deed,  or 
thing,  afts,  deeds, or  things  whatfoever,  forjthe  further, 
better  and  more  perfefting  affigning  and  making  over 
to  the  faid  WiUiam  Rose,  his  executors,  adminiftrators 
and  airigns,and  enabling  him  andthemto  have,recover, 
and  receive  the  faid  bonds  hereby  afligned  or  either  of 
them,  and  all  monies  due  and  to  grow  due  thereon  re- 
fpe6tive1y,  as  by  the  faid  William  Rose^  his  executors, 
,adminifl:rators,  or  afligns,  or  his  or  their  counfel  learn- 
ed m  the  law,  fliall  be  reafonably  devifed  or  advifed  amd 


ASSIGNMENT,  iOl 

required,.  And  this  indenture  further  w  itncficth,  that 
the  iUid  Jniliam  Rose,  lor  the  coiiliderationb  alorclaid, 
and  in  purluiince  and  peilormance  oi"  the  laid  agree- 
ment on  his  part,  hadi  remlled,  releafed,  and  for  .ever 
quit  chiini,  and  by  thclb  prellnts,  doth  remile,  rekaie, 
and  lor  ever  quit  claim  unto  the  laid  Janti  Rusc^ 
her  heirs,  executors,  and  adniiniilrators,  and  every  of 
them,  all,  and  all  manner  of  aclion  and  actions,  fuits, 
profecutions,  accounts,  reckonings,  legacies,  bequelV> 
lum  and  lams  of  money, debts,  dues,  duties, claims  and 
demands  whatioever,  both  at  law  and  in  equity  or 
otherwife  howfoever,  which,  againll  the  laid  Jane  Rose, 
either  in  her  own  right,  or  as  executrix  of  the  latl  will 
and  tellament  of  the  laid  Eckvard  Rose  deceafed,  he 
the  laid  William  Rose  now  hath,  or  ever  had,  or  can, 
or  may,  at  any  time  or  times  hereafter  have,  claim, 
challenge  or  demand  for  or  in  relpe<;:\  of  the  afortfaid 
bequcll  of  a  third  part  of  the  reiiflue  of  the  ellate  of  the 
faid  Edward  Rose,  deceafed,  given  to  the  laid  irdliajn 
Rose,  by  the  will  of  the  faid  Edward  Rose,  or  for  on 
account  or  by  reafon  or  nuans  of  ai»y  other  matter, 
caufe  or  thing  whalfoever,  from  the  beginning  of  the 
■world  unto  tlieday  of  the  date  of  thefe  prefents.  And 
the  faid  JFilliam  Rose,  for  the  confideration  aforelaid, 
for  himfelf,  his  heirs,  executors  and  adminiilrators.and 
for  every  of  them,  doth  covenant,  promife,  and  agree 
to  and  M'ith  the  faid  Jane  Rose,  her  executors  and  ad- 
miniftrators,  by  thefe  prefents,  in  manner  following, 
that  is  to  fay,  That  if  it  fliall  hereafter  appear  that  the 
faid  George  Rase,  the  Ion,  was  living,  at  the  time  of 
the  death  of  the  fiiid  teftator,  and  the  faid  George  Rose, 
the  fon,  his  executors,  admiuillrators,  or  afligns,  Ihail 
claim  or  demand  of  the  faid  Ja/te  Rose,  her  executors 
or  adminillrators,  his,  the  laid  George  Rosens  Ihare  of 
the  orphanage  part  of  the  eftatc  of  the  (i\k\  Edward  Rose 
deceafed,  that  then  he  the  laid  JFilliam  Rose,  hia  heirs, 
executors  or  adminillrators,  lliall  ai)d  will,  w  ithin  th'fe 
[21] 


562  A  S  S  1  G  N  M  E  N  T, 

fpaee  of  twenty  days  next  after  notice  to  him  or  ihttci. 
given  in  that  behalf,  well  and  truly  pay,  or  caufe  to  be 
paid  unto  the  faid  ^arie  Rose^  her  executors  or  admi- 
iiiflrators,  fomuch  lawful  money  of  the  United  States, 
as  the  faid  annuit}'-  and  tvro  bonds  hereby  aifigned  fliall 
amount  unto  more  than  his,  the  faid  William  Hose's 
ihare  of  the  perfonal  eilate  of  the  faid  teilator,  by  virtue 
of  the  faid  recited  will,  or  odierwife.  And  alfo,  that 
lie  the  faid  JVilliam  Rose^  his  heirs,  executors  and  ad- 
sniniftrators,  fliall  and  will  from  time  to  time,  and  at 
all  times  hereafter,  fave,  defend,  keep  harmlefs,  and 
indemnified  her  the  faid  Jane  Rose^  her  executors  and' 
adminiilrators,  and  the  eftate  of  the  laid  Edward  Rose 
deceafed,  of  and  from  all  claims  and  demands  that  fliall 
or  may  be  made  thereouty  by  the  ehildren  of  him  the 
faid  JFilUam  Rose,  any  or  either  of  them,  or  any  per- 
fon  or  perfons  claiming  or  to  claim,  by,  from,  or  under 
them,  any  or  either  of  them,  by  virtue  of  the  faid  recit- 
ed will  or  otherwife  howfoever  ;  and  of  and  from  all 
'COils,  charges,  damages,  and  expenfes  that  lliall  or  may 
happen,  or  come  to  her  or  them,  or  the  eilate  of  the 
faid  Edward  Rose  deceafed,  for  or  by  reafon  or  means 
thereof,  or  for  or  by  reafon  or  means  of  her  having 
affigned  the  faid  annuity  and  bonds  to  the  faid  William 
Hose,  his  executors,  adminiftrators,  and  afligns  as 
aforefaid,  or  any  thing  relating  thereto.       In  witnefs, 


Of  Monies  due  upon  Account,, 

Know  all  men  by  thefe  prefents.  That  I  Ahel  Bend 

of -,  in  confideration  of  the  fum  of ,  to  me  in 

hdnd  paid  by  Caleb  Dde^  of- ,  do  hereby  aflign  and 

fet  over  unto  the  faid  Caleb  Doe^  to  his  own  proper 
life,  without  any  account  to  be  given  for  the  fame,  the 
ftim  of — — ;.  and  all  other  itim  and  fums  of  money  as 


A  S  S  I  G  N  INI  E  N  T.  163 

arc  remaining  due  and  payable  upon  or  by  virtue  of 
the  annexed  account,  and  all  my  right,  title,  intereft 
and  demand  in  and  to  the  fame  :  ^nd  do  gi\c  and 
grant  unto  the  faid  Caleb  Doe,  full  power  and  authority 
to  demand  and  receive  the  fame,  to  his  own  ule,  and 
upon  receipt  thereof  to  give  difcharges  for  the  lame,  or 
any  part  thereof:  And  1  the  faid  Abel  Bctid,  do  hereby 
covenant  and  a^ree  to  and  wiih  the  liiid  Caleb  Doe,  the 

faid  fum  of ,  is  jiiltly  due   and  owing,    and  that  I 

have  not  received  or  difcharged  the  fame,  or  any  part 
thereof.     In  witneis,  ike. 


Of  Articles  of  Agreement  for  the  sale  of  Goods,  by 
Indorsements 

Know  all  men  by  thefe  prefents,  That  I  Ann  Banksy 

of  ,  adminiilratrix   of  the   within  named  Caleb 

Banks,  late  of deceafed,  for  and  in  confideratioix 

of  the  fum  of ,  have  granted,  bargained,  fold  and 

idVigned,    and  by  thefe  prefents  do  hereby  grant,  bar- 
gain,  fell  and  allign  unto  the  faid   Daniel  Eaton,    of 

,  the  w  ithin  written  articles  of  agreement,   and  all 

and  every  the  goods  mentioned  in  the  fchedule  there- 
unto annexed  ;  and  ail  or  any  fums  of  money  to  be- 
come or  grow  due  by  or  upon  any  covenant  or  agree- 
ment therein  contained  ;  and  all  right  of  adlion,  ellate, 
benefit,  advantage,  claim,  and  demand  whatfoever  re- 
lating thereto,  to  which  thereby  or  otherwifc,  in  any 
manner  of  wife  1  am  entided  ;  to  have,  hold,  receive, 
take  and  enjoy  all  and  fingular  the  iiiid  goods,  and  all 
other  the  premifes,  w  ith  the  appurtenances,  unto  the 
iaid  Daniel  Eaton,  his  executors,  adminiilrators  and 
aifigns,  to  his  and  their  own  ufe  and  ufes,  and  as  his 
and  their  own  proper  goods  and  chattels  from  hence- 
forth for  ever,  fr(ie  and  clear  of  all  former  and  other 


lU  ASSIGNMENT. 

eftates,  debts,  charges,  and  incumbrances  \vhatfoever 
committed,  done  or  iuiiered  by  me  the  faidy/;?;;  Banks, 
or  the  faid  Cahb  Banks,  deceafed,  or  any  other  perfou 
or  peribns  Avhatfoever  :  And  I  the  laid  Ann  Banks,  do 
make,  ordain,  coinftitut^  and  appoint  the  faid  Daniel 
Jlaton,  his  executors,  adminiftrators  and  afligns,  to  be 
my  true  and  lawful  attorney  and  attornies,  to  demand, 
fue  for,  receive,  bold  and  enjoy  all  and  fmgular  the 
faid  premifes  before  bargained,  fold  and  afligned,  by  all 
lawful  ways  and  means  whatfoever,  and  upon  receipt  of 
fuch  payment  to  give  fufiicient  releafe  and  difcharge 
thereof.     In  witnefri,  8ic, 


Of  a  Debt  ivitb  power  of  Attorney, 

Know  all  men  by  thefe  prefents,  that  1  Bion  May^ 
butcher,  in  confideration  of  the  fum  of — '■ — ,  now  juftiy 
due  and  owing  by  me  to  Walter  Fain,  of  Newton,  and 
for  better  fecuring  the  payment  of  the  fame  to  the  fliid 
JValter  Pain,  have  bargained,  fold,  afTigned,  transfer- 
red and  let  over,  and  by  thefe  preferits  do  bargain,  fell, 
alTign,  transfer  and  fet  over  unto  the  faid  Walter  Pain, 

all    that    debt  or  fum  of ,  which  is  now   due  and 

owing  to  me  from  Isaac  Humes,  of ,  for  goods  fold  \ 

and  delivered  by  me  to  the  faid  Isaac  Humes,  crc  his 
order,  before  the  day  of  the  date  hereof,  and  all  my 
right,  title,  intercft,  claim  and  demand,  in,  and  to  the 
faid  debt,  or  fum  of — r—,  and  every  or  any  part  there- 
of, To  hold  to  the  faid  Walter  Pain,  his  executors,  ad- 
miniRrators  and  afllgns,  from  henceforth,  to  his  and 
their  own  proper  ufe  and  benefit  for  ever,  neverthelefs 
under  the  provjfoand  condition  hereinafter  mentioned. 
And  I  do  hereby  conftitute  and  appoint  the  faid  JValten 
Pain,  my  true  and  lawful  attorney  irrevocable,  and 
g^y;ye  and  grant  to  lipi^,  ^^^  executors,  adminiflratprg 


ASSIGNMENT.  165 

and  afligns,  full  power  and  authority,  in  my  name,  ancji 
in  the  name  of  my  executors  atul  achiiiniihators,  but 
to  the  only  proper  life  and  behoof  of  the  faid  ITaLtcr 
Pain^  his  executors  andaclmin;llrators,to  afk,  demand, 
liie  for,  buy,  recover,  receive,  compound,  acquit,  rc- 

leafe  and  difcharge,  the  faid  debt  or  Aim  of »-  and 

every  or  any  part  or  parcel  thereof,  and  upon  receipt  of 
the  lame,  or  any  part  thereof,   acquittances    or  other 
proper  difcharges  to  make,  and  generally  for  me  and  in 
mv  name,  or  in  the  name  of  my  executors  and  admin- 
illrators,  to  make,  do,   perform,  and  execute,   all  and 
every  fuch  further  and  other  ac\s,  m;atters  and  things, 
touching  and  concerning  the  premlfes,  as  to  the  faid 
If'alterPa'in,  his  executors  or  adminiflrators  fliall  feem 
requilite  ;  and  that  as  fully  and  effechially,  to  all  intents 
and  purpofes,  as  I  myfclf,  my  executors  and  adir.ini- 
llrators  could  or  might  have  done  ;  hereby   vatif}  ing 
and  coiiiirming  all  and  whatever  he  or  they  fliall  law- 
fully do,  orcaufcto  be  done,  in  or  about  the  premifcs. 
And  1  do  hereby  covenant  and  agree  to  and  with  the 
faid  JJ'altcr  Pain^   his  executors  and  adminiftrators, 
that  1  have  not  done  or  fuffered,  and  that  1,  or  my  ex- 
ecutors or  adminiflrators,  fliall  not  nor  w  ill  do  or  udlcr, 
any  aO,  matter  or  thing,  \vhereby  or  by  reafon  m  here- 
of the  faid  IFaltcr  Pahi,  his  executors  or  adminiilra- 
tors,  fliall  or  may  be  hindered  or   prevented  from   the 

recovering  or  receiving  the  faid  debt  or  fum   of , 

hereby  afligned,  or  any  part  thereof,  or  fuch  other  fa- 
tisfaclion  as  can  or  may  be  had  or  obtained  for  the 
fame,  by  virtue  hereof.  And  further  that  I,  my  execu- 
tors and  adminiflrators,  fliall  and  will  at  all  times  here- 
after, at  the  requell  of  the  \^iiidU\!ltcrPain,  his  execu- 
tors, adminiflrators  or  afligns,  make,  do,  and  execute 
all  fuch  further  and  other  a6ls  and  deeds  as  (liall  be 
realonably  required  for  the  proving  of  the  faid  debt, 
and  the  better  and  more  efleCfually  enablmg  him  or 
them  to  recover,  veochx  and  enjoy  the  fame,  according 


im  A  S  S  I  G  N  M  E  N  T. 

to  the  true  intent  and  meaning  of  thcfe  prefents.  Pro- 
Tided  al\va3s,  and  ii  is  hereby  agreed,  that  if  I  the  faid 
Mion  May^  my  executors  or  adminiih-ators,  fliall  well 
and  truly  pay,  or  caufe  to  be  paid,  to  the  faid  IValter 
Fain^  hib  executors,  adminiilrators  or  aingns,  the  faid 

fum  of fo  due  to  him  as  aforefaid,  within  three 

calendar  months  from  the  date  hereof,  then  this  prefent 
affignment,  and  every  matter  and  thing  herein  contain- 
ed, fhall  ceafe,  determine,  and  be  void  to  all  intents 
and  purpofes  whatfoever.  In  witnefs,  &:c. 


Of  a  Bill  penal. 

Know  all  men  by  thefe  prefents,  that  I  Ahel  Bell,  of 

,  have  borrowed  and  received  of  Conrad  Doe,  of 

-,  the  full  fum  o'i fifty  dollars,  which  I  do  promife 


to  pay  on  the  7?r^/  day  of  il/r/jy  next,  with  intcrell : 
And  for  the  better  fecuring  the  re-payment  thereof,  I 
do  herebv  afTio-n  and  fet  over  to  the  faid  Conrad  Doe,  a 

■J  Ci  7  » 

bill  penal  for  two  hundred  dollars,  made  by  Eaivard 

Fox\  oi ,  to  me  the  faid  Abel  Bell,   for  the  pay- 

ment  o^  one  /j i/ndred  doW^rs,  on  the  frst  day  of  Octo- 
ber next,  and  all  my  right,  title  and  interefl  therein  and 
thereunto,  with  full  power  and  authority  for  him  the 
faid  Conrad  Doe,  to  fue  for,  recover  and  receive  the 
Same  of  the  faid  Edward  Fox,  to  and  for  the  purpofe 
herein  before  mentioned.  Witnefs  my  hand  and  feal 
this  tenth  day  of  No'v ember,  Aniio  Dom.nii . 


Of  a  Bo  fid. 

This  indenture  made  the  — —  day  of ,  betv/een 

IViUiam  Tezv,  of — ,  of  the  one  part;   and  Titus 

Amos^  of  -^ ',  of  the  other  part  :  Whereas   Branch 


ASSIGNMENT.  167 

P«g.^,  of .John  Boal,  of ,  and  Aaron  Sloan, 

of ,  by  their  bond  or  oblij^ation,  under  thtir  hands 

and  fcals,  bearhig  date  the day  of ,  Hand  joint- 
ly and  ieverally  bound  to  the  faid  Wm.  TfW,iu  the  pe- 
nal funi  of ^dollars,  with  condition  thereunder  writ- 
ten, reciting,  that  whereas  the  faid  Wm.  I'eiv,  keeper  of 

the  prifon  of  the  county  of  • had  at  the  requeil  and 

dcfire  of  the  faid  Frajic'is  Pugh,  entertained  and  ad- 
mitted him  the  faid  Francis  Fu^b^  to  be  a  fervant  to 
him  the  faid  IVilliam  Jt"zy,  in  the  place  and  office  of 
clerk  of  the  keeper  of  the  prifon,  during  the  ^  ill  and 
pleafurcof  him  the  laid  JFUUam  Ttiiv  ;  if  therefore  the 
laid  i^rrt;/cz>  Pz/g/6,  indemnified  the  faid  William  Tcvj^ 
againft  all  efcapcs  which  fliould  happen  by  the  ncglc  ct, 
privity,  or  confent  of  the  faid  Francis  Fu^b^  or  any 
perfons  employed  by  him,  by  any  prifoner  or  prifoners- 
then  or  thereafter  committed  unto  or  left  in  the  cuflcdy 
of  the  faid  William  Tcu\  during  the  time  the  faid 
Francis  Piigb^  fliould  continue  fervant  or  keeper's 
clerk  asaforcfaid,  and  from  all  aOions  and  fuits  which 
fhould  be  brought  aaainfl  the  faid  William  Tew,  by 
reafon  of  fuch  efcapes,  and  from  all  damages  and  de- 
mands which  the  faid  Willi a?n  Tlvj,  or  his  fccurities^ 
ihould  fullain  concerning  the  fame,  or  any  other  thing 
happening  by  reafon  of  the  non-performance,  mis-per- 
formance, or  negligence  of  the  faid  Francis  Puzb,  in 
his  faid  oiiice  ;  and  aUo  if  tlie  faid  Francis  Fugb,  at  all 
times  thereafter,  ihotild  make  a  jufl  and  true  account 
with,  and  payment  to  the  faid  WilliaJn  Tcw^  for  all 
fuch  fees,  fines,  and  fums  of  money  to  him  the  fail!' 
jniliam  Tc'W  belonging,  which  he,  or  any  perfon  in- 
trufted  by  him,  fliould  receive  of  any  of  the  prifonersor 
other  perfons  in  diat  behalf,  or  for  which  he  fliould 
give  credit  to  any  prifoners  or  other  perfons,  and  alfa 
If  the  faid  Francis  Pz/g/6,  iliould  pay  the  faid  JFillinm 
Tc%i\  all  fuch  fums  of  money  as  he  or  any  one  intruded 
by  him  fliould  receive  for  the  ufe  of  any  plaintili'  Qt 


16S  A  S  S  I  G  N  M  E  N  T. 

plaintiffs,  at  whofe  fuit  any  prifoner  then  did,  or  hereaf^ 
ter  Ihould  Hand  chyrp-( 'I  with,  in  tlie  cuftcxv  oi  the 
{a'ldlVm.  TewMiht  faidprifon;  andif  hetht  iaMFra/i' 
CIS  Pugh  Ihould  faitiiiuiiy  perform  all  oilier  icrvices 
and  things  uhich  to  the  laid  ofiice  or  place  of  keeper's 
clerk  and  fervantto  the  faid  JFm.  Ti^^u;,  belonged  diir- 
in"- his  continuance  in  fuch  office,  the  faid  obligation 
was  to  be  void,  or  elfe  to  remain  in  full  force  and  vir- 
tue, as  by  the  laid  bond  or  obligation,  and  conditions 
thereof,  relation  being  thereunto  had,  will  more  fully 
appear.     i\nd  whereas  the  il\id  Francis  Pugb,  on  the 

__! day  of laft,  was  indebted  to  the  faid  F/m. 

TeTj,  in'the  fum  of dollars,  for  fines  and  fees  re- 
ceived by  him,  for  the  ufe  of  the  faid  IFm.  Tc-w,  as 
fervant  or  keeper's  clerk,  as  aforefoid,  or  otherwife,  on 
account  of  his  faid  ofiice,  as  by  an  ackitowledgment 
thereof  under  the  hand  of  the  faid  Francis  Fugb,  bear- 
ing date  the  liiid day  of laft  appears,  which 

laid  fum  of Hill  remaining  juilly    due  and  ow- 

ingfrcm  the  mid  Francis  Piigl\  to  the  faid  IFm.  Tero  : 
Now  this  indenture  Vvitneifeth,  that  the  faid  JF?n.  Tew, 

for  and  in  couiideration  of  the  fum  of dollars,  to 

him  in  hand  paid,  by  the  faid  Titus  Jmos,  at  or  before 
the  fealing  and  delivery  of  thefe  prefents,  the  receipt 
whereof  he  the  laid /r//7.  Tew,  doth  hereby  acknowl- 
edge, and  thereof,  andofeverypart  thereof, doth  acquit, 
refeafe,  and  difcharge  the  faid  Titus  Amos,  his  execu- 
tors,  adminiilrators  and  affigns,  and  every  of  them,  by 
thefe  prefents,  hath  afligned,  transferred,  and  fet  over, 
and  bv  thefe  prefents  doth  aflign,  transfer,  and  fet  over 
unto  the  faid  T7/Z/5  Amos,  hisexecutors,  adminlftrators, 
and  alTigi^s,  as  well  the  faid  recited  bond  or  obligation, 

asthefaidfuni  of dollars,  fo  due  and  owing  from 

the  fiiid  Francis  Pugh,  to  the  faid  JFni.  Tew  as  afore- 
faid,  and  all  his  eftate,  right,  tide,  intereil,  claim  and 
demand  whatfoever,  of,  in,  or  to  the  foid  premifes  here- 
by alTigned,   and  every  part  thereof.  To  have  and  to 


ASSIGNMEN  T.  ie^ 

hold  as  well  the  faid  recited  bond  or  obligation  as  the 

raidrum  oi' i'ochic  and  owing  irom  the  i'uid  Francis 

i^iigb^  to  tlie  faid  Pl'ln.  Tc-iu,  a^afordaid,  unio  tiic  laid 
Tinis  Amos,  his  e^eciUors,  adniiniilrators,  and  alVigns, 
to  his  and  their  own  ul'c  ;  and  lor  the  conlideralion  a- 
forelaid,  he  the  laid  ^Fm.  Tciv,  hath  made,  ordained, 
conllitiited  and  i\i)i)ointed,  and  by  thcle  prefents  dolh 
make,  ordain,  conilitute  and  aj)point,   the   faid   7'itus 
,imos,  his  executors,  adminilhalors,  and  ufiigns,   his 
true  and  lawful  attorney  and  attornies   irrevoeable,  in 
the  name  of  him  the  faid  Pfm.  Tt-w^  or  in  his  or  their 
own  name  or  names^  but  to  and  for  the  fole  proper  uiw 
and  behoof  of  him  the  faid  l^'iius  Amos^  his  executors, 
adniiniilrators  and  aillgns,  to  aflv,  demand,  fue  for,  re- 
cover and  receive,  of,  and  from  the  faid  Francis  Piigb„ 
John  Boat   and  .laron  Sloan,  any  or  either  of  them^ 
their,  any  or  either  of  their  heirs,  executors  or  admini- 
Ib-ators,  the  faid  hereby  alugned  premifes,  and  every 
part  thereof,   and  upon  receipt  thereof,  or  of  any  part 
thereof,  acquittances  or  other  difcharges,  in  the  name 
of  him  the  faid  JP'ni.  Text},  or  in  his  or  tlieir  own  name 
or  names,  to  make,  feal  and  deliver,  and  for  non-pay- 
ment thereof,  to  arrell,  imprifou,   implead  and  out  of 
prifon   to   deliver  the  Hiid  Francis  Pugk,  John  Boal^ 
'.\\\Ci  Aaron  Sloan,  or  any  or  cither  of  them,   their,  any 
or  either  of  their  heirs,  executors,  or  adminillrators, 
and  td  agree  and  compound  for  the  fame  as  fluill  feem 
requifite  to  him  the  faid  Titus  Amos,  his  executors,  ad- 
miniftrators,  or  aili.gns,  giving  aiul  hereby  granting  un- 
to his  laid  attorney,  full  power  to  acl  and  do,  in   the 
j)remifcs,  as  fully  to  all  intents  and  purpofes  as  he  the 
faid  IVm.  yViu,  might  or  could  do,  if  thefe  prcients  had 
not  been  made  :   And  the  faid  IVm.  Td%v,  for  himfelf, 
his  executors,  adminiftrators  and   aiiigns,   doth  cove- 
nant, promife  and  agree,  to  and  with  the  faid  Titus  A- 
mos,  his  executors,  adminillrators  and  afiigns,  bv  thcfe 
prefcnts,  that  the  faid  bond  or  obligaiiou  now  llauds.  in 

[  2:2  ] 


170  ASSIGNMENT. 

fail  force  and  virtue,  and  that  he  the  {c\id  JFm.  TcWy 
liath  not  done,  nor  hereafter  fliall  or  will  do  any  att, 
matter  or  thing  ^v  hatfoever,  Avhereby  to  releafe  or  dif- 
charge  the  faid  bond  or  obligation,  or  the  faid  fiim  of 

dohars,  hereby  alTigned,  or  any  part  thereof,  nor 

revoke  the  power  and  authority  hereby  given,  or  ob- 
itrucl,  or  hinder  the  faid  Titus  Amos^  his  executors, 
adminilh'ators  or  affigns,  in  recovering,  receiving  and 
getting  in  the  fame,  but  lliall  and  will  permit  andfuffer 
the  fliid  Titns  Amos^  his  executors,  adminiftrators  or 
affigns,  peaceably  and  quietly  to  recover  and  receive 
the  faid  affigned  premifes,  to  his  and  their  own  ufe  and 
ufes,  hereby  ratifying  and  confirming  all  and  whatfoe- 
ver  the  faid  Titus  Avios^  his  executors,  adminiftrators 
or  aifigns,  fliall  lawfully  do,  or  caufe  to  be  done,  in  or 
about  the  execution  of  thcfe  premifes,  by  virtue  of  thefe 
prefents|:  And  further, that  hethe  faid,^772. 7>w,hisexe- 
cutors,  adminillrators  and  affigns,  fliall  and  vvill,  from 
time  to  time,  and  at  all  times  hereafter,  at  the  requeft, 
colls  and  charges  of  the  {-ciidiTitusAmos,  his  executors, 
tidminiftrators  or  affigns,  make,  do  and  execute  fuch 
further  and  other  alfurances  in  the  law,  for  the  better 
nffigning  the  faid  premifes,  and  enabling  him  the  faid 
Titus  Amos ^  his  t^tcwiors,  adminillrators,  or  afligns, 
to  recover,  receive,  and  get  in  the  fame,  as  he  or  they^ 
orhis  ortheir  counfcl,  fhall  reafonably  devife,  or  ad- 
vife  and  require  :  And  the  faid  Thus  Amos,  for  him- 
felf,  his  executors,  adminillrators  and  affigns,  doth  co- 
venant, promife  and  agree,  to  and  with  the  faid  lF7n. 
Tew,  his  executors,  adminillrators  and  affigns,  by  thefe 
prefents,  that  he  the  faid  Titus  Amos,  his  executors, 
adminiftrators  and  affigns,  fomc  or  one  of  them,  fliall 
snd  will  from  time  to  time  and  at  all  times  hereafter^ 
well  and  fufficiently  ffive,  deiend,  keep  harmlefs,  and 
jndemnifythe  faid/Fw/.  Tr-iv,  his  heirs,  executors  and 
adminillrators,  and  his  and  their  goods  and  chattels, 
lands  and  tenements,  of,  &om,  and  agaii^fl  all  coils ;  da^ 


ASSIGNMENT.  ITI. 

mages,  and  expeiires  that  Iliall  happen  to  come  to  him 
or  Them,  for  or  by  rcalbii  ormcans  of  any  adlion  or  ac- 
tions, fait  or  fuits,  or  other  procijcdings  whatfocvcr,  to 
be  had,  made,  brought  or  profccutcd  in  the  name  of 
the  faid  JTm.  Tc-iv,  his  executors  or  adminiilrators, 
by  virtue  of  any  power  or  authority  herein  or  hereby 
given.     In  witnefs,  Sec. 


JF'rof?!  the  Assignees  of  a  Bankrupt  to  the  Bankrupt,^  of 
^z  Leasehold  Estate,  and  all  Monies,  Vc.  remaining 
unsold  and  unappropriated,  after  alibis  Debts  paid^ 
and  the  CommiJJion  superseded. 

This  indenture,  made  the day  of ,  between 

John  Play,  of ,  Edward  Ames,  of ,  and  Jajues 

Earl,  of ,  of  the  one  part  ;   im<\  Ralph  Atkins,  of 

the  other  part  :   Whereas  a  commiflion  of  bankruptcy 
was  awarded  againll  the  faid    Ralph  Atkins,  dire6led 
to  Roger  Old,  esq.  John  Cone,  and  John  Alas  on,  gen- 
tlemen, lo^tlhti  with  Samuel  Adams,  esq.  and  James: 
JMuncy,  gentleman,  thereby  givino;  full  power  and  au- 
thority unto  them  the  faid  commiiftoners,  four  or  three 
of  them,  whereof  the  [did  Rosier  Old,  or  Samuel  Adams  y 
M-as  to  be  one  to  execute  the  fame.     And  whereas  the 
faid  Roger  Old,    John  Cone  and   fohn  Ufasan^   being 
the  major  part  of  the  commlfiioners  in   the  faid  com- 
flfinion,  named  and  authorifed  in  execution  of  the  faid 
commiflion,   by  their  indenture  of  aflignment   bearing 
date  the day  of ,  for  the  confiderations  there- 
in mentioned,   did  order,  bargain,  fell,   aflign,   and  fet 
over,   unto  the  faid  John  Hay,    Edward  Ames,  and 
James  Earl,  their  executors,  adminiftratorsand  afligns, 
a  meffuagc  or  tenement,  with  the  appurtenances,   hol- 
den  by  Icafe  for  a  term  of  years  then  and  yet  enduring, 
divers  fums  of  money,  plate,  jewels,  and  fe^•cri\l  forts  of 


m  A  S  S  I  G  N  INI  E  N  T. 

Jioiifehold  goods,  and  implements  of  houfchold,  aric^ 
divers  debts,  finu  and  Turns  of  money  due,  o\\'ing  anc^ 
belonging  to  the  i^-dld  J^a/p/j  yUkij7s,  ir«  the  fcbedule 
thereunto  annexed,  mentioned,  and  all  other  debts, 
fum  and  fums  of  money,  goods,  and  other  commodities, 
in  the  hands,  cullodj^'or  pofiefiion  of  any  perfon  in  the 
I'chedule  theieto  annexed  mentioned,  or  of  any  other 
perfon  or  perfons,  or  which  at  any  time  thereafter 
Hiould,  or  might  become  due  oi-  ov.ing  to  the  faidi 
I^alpb  Jtkins,  or  h.is  eilate,  by  any  ]:eifon  or  peifons 
whatfoever,  and  all  fecurities  had  or  taken  for  the  fame  t 
To  hold  unto  them,  their  executors,  adminiilrators  and 
affigns,  in  trull  neverthelefs,  to  and  for  the  life  and  be- 
nefit of  them  the  i'dkl  John  Hay^  Edward  Ames ^  and 
James  Earl^  and  all  fuch  other  creditors  of  the  fald 
Ralph  Atkins^  who  then  had,  or  thereafter  in  due  time, 
iliould  come  in  and  feek  relief  by  virtue  of  the  faid 
comm'ilTion,  and  contribute  towards  the  charges  there- 
of, and  to  and  for  no  other  ufe,  intent,  or  purpofe  what- 
ibever,  as  in  and  by  the  faid  recited  indenture,  relation 
being  thereunto  had  more  fully  may  appear.  And 
whereas  the  fidd  ailignees,  by  and  out  of  the  eftate  and 
elTecls  of  the  iliid  Ralph  Atkins  fo  affigned  as  afore- 
faid,  have  made  full  fatisfa(?tlon  unto  themfelves,  and 
all  and  every  other  the  creditors  of  the  faid  Ralph  At- 
kins^ who  paid  their  contribution  money,  and  came 
in  and  fought  relief  by  virtue  of  the  faid  commifaon  ; 
and  ihey  the  fiiid  affignecs,  parties  to  ihefe  prcfents, 
and  the  faid  other  creditors,  by  their  deed-poll,  undfer 

their  refpe^tive  hands  and  feals  bearing  date  the 

day  of ,  for  the  confideration  therein,  for  them- 
felves feverally,  and  for  thofe  for  whom  they  did  fub- 
fcribe,  their  feveral  and  refpe6livc  executors,  adminif- 
trators,  partners,  and  affigns,  did  acquit,  releafc,  and 
difcharge,  the  faid  Ralph  Atkins,  his  heirs,  executors, 
and  adminiftrators,  and  his  and  their  goods  and  chat- 
tels,lands  ag^d  tenements;  of.  frqni  and  agaiiiil  all  and  aU 


ASSIGNMENT.  17^ 

manner  of  a6\ion  and  a6\ions,  caufc  and  caufcs  of  ac- 
tion, fuits,  bills,  bonds,  accounts,  debts,  dues,  claims^ 
and  demands  whaifocver,  cither  in  law  or  ccjuity,  from 
the  beginning  of  the  world  unto  tlie  i-f^-iTW/Zj  day  of  r/z/g?/i^f 
then  lalt,  and  did  thereby  confcnt  and  agixe,  that  the- 
i'aidconimiflion  of  bankruptcy  might  be  ruperccded, 
vacated,  and  made  void,  as  in  and  by  the  faid  dced-poU 
of  rcleafe,  relation  being  thereunto  had  may  appear. 
And  whereas  the  faid  mefluage  or  tenement,  and  Icafe, 
and  divers  other  parts  of  the  clhitc  of  the  faid  Ralph 
Atkins  remain  undifpofed  of,  and  ilveral  debts,  liim 
and  fums  of  money,  late  due  and  owing  unto  him  and 
his  eftate  arc  Hill  {landing  out  and  luireceived.  Now 
this  indenture  v.itnelleth,  that  the  faid  Jobn  Hay,  Ed* 
I'Mjrd  dnu'S;  m-)d  t/avics  Ear!.,  as  \\  ell  for  the  confide- 
rations  aforcfaid,  as  for  and  in  coniideratiO]i  of  the  fum 
of  one  dollar  a-picce  lo  them  fcverally  in  hand, 
at  and  before  the  cnfeiiling  and  delivery  ofthefe  pre - 
fcnts,  by  the  {aA  Ralph  A  thins .,  wtW  and  truly  paid, 
the  receipt  whereof  they  do  hereby  feverully  acknow-' 
ledge,  and  thereof  and  of  every  part  thereof,  ncqnit  and 
difeharge  the  faid  Ralph  Atkins,  his  executors,  ad- 
miniftrators,  and  afligns,  have  and  each  of  them  hath 
granted,  afligned,  transferred,  and  ill  over,  and  by  thefe 
prefents  do,  and  each  of  them  doth,  grant,  afiign,  tranf- 
fer,  and  fet  over,  unto  the  faid  Ralph  Afki?is,  his  exe- 
cutors, adminiftrators,  and  fifligns,  as  A\cn  the  laid 
melfuagc,  or  tenement,  and  premifes,  vvilh  their  ap- 
])urtcnances  ;  and  all  the  eftate,  right,  title,  and  inte- 
rell  of  them,  the  faid  John  Hay,  Edward  Aines^  imd 
James  Earl,  as  alfo  the  indenture  of  leafe  by  which 
the  fiiid  premifes  are  holdcn  ;  and  all  and  every  funi 
and  fums  of  money,  goods,  houfliold  fluff,  plate,  linen, 
jewels,  rings,  and  other  goods  and  things,  and  all  debts, 
fum  and  fums  of  money,  late  part  of  the  eflate  of  the 
faid  Ralph  Atkins  ;  and  Vvhcreto  or  \vhcrein  they  or 
cither  of  them  was,  or  were  any  v.-n}-s  intitlcd  unto^  cf 


174,  A  S  S  I  G  N  M  E  N  T. 

iiitcreflcd  in,  by  virtue  of  the  fuid  recited  indenture  of 
afiignment,  or  otherwiie  howfoever,  and  which  now 
remain  undirpoied  of,  or  are  Hill  ftanduigout,  due  or 
owing,  with  their  and  every  of  their  appurtenances, 
and  all  the  right,  title,  intereil,  term  and  terms  of  ^^ars 
yet  to  come  and  unexpired,  claim  and  demand  vvhatfo- 
ever,  of  them  the  faid  Jobn  Hay^  Edvjard  Amcs^  and 
James  Earl^  any  or  either  of  them,  to  have  and  to  hold 
the  faid  melTuage  or  tenement  and  premifes,  with 
their  appurtenances,  and  the  indenture  of  leafe  by 
which  the  fame  is  holden  unto  the  faid  Ralph  AtkinSy 
liis  executors,  adminiflrators,  and  ailigns,  for  and  dur- 
ing all  the  reft  and  refidue  of  the  term  of  years  by  the 
faid  Icafe  granted  and  therein  yet  to  coine  and  unex- 
pired :  And  to  have,  hold,  ail;,  demand,  fue  for,  re- 
cover, receive, and  enjoy,  all  and  Angular  the  faid  de1)ts, 
funi  and  fums  of  money  now  Handing  out,  due  and 
ouing  :  and  all  and  lingular  the  goods,  houfliold  ftuff, 
plate,  jevv'elr,,  rings,  and  other  the  premifes  before  by 
thefe  prcfents  affigned  and  fet  over,  or  mentioned,  and 
intended  to  be  affigned  and  fet  over  unto  the  faid  Ralph 
Atkins^  his  executors,  adrriiniftrators,  and  afiigns,  to 
the  only  proper  ufe  and  behoof  of  him  the  faid  Ralph 
Atkins^  his  executors,  adminiftrators,  and  affigns, 
without  any  account  to  be  given  for  the  fame.  And 
this  indenture  further  witneifeth,  that  the  faid  Ralph 
Atkins  for  the  confiderations  aforefaid,  hath  acquitted, 
releafed,  and  difcharged,  and  by  thefe  prefents  doth  ac- 
quit, reieafe  and  difcharge  the  faid  [jobn  Ilay^  Edivard 
Ames,  and  James  Earl^  their  executors,  and  adminif- 
trators, and  every  of  them,  of  and  from  all  a61:ions,  fuits, 
accounts,  claims  and  demands  whatfoever,  both  at  law 
and  in  equity,  for  touching  or  concerning  only  the  fur- 
plus  of  the  faid  ellate,  or  relating  thereto,  or  for,  or  by 
v-eafon  of  their  or  any  of  their  intermeddling  therein. 
And  the  faid  Ralph  Atkins,  for  himfelf,  his  executors, 
adminiftrators  ar,d  aiTigns,  doth  covenant,   promife, 


ASSIGNMENT.  17^ 

grant  and  agree  to  and  with  the  fuid  John  Hny^  Ed- 
ward  yJmes^  and  Jajucs  Earl^  Icverally  and  rclpc6\ive- 
ly,  and  to  and  ^\ith  every  of  them,  by  thele  ivitlcnts, 
that  he,  the  laid  lialph  Atkins^  his  cxewitors  and  ael- 
miniftrators,  (hall,  and  will,  IVom  time  to  time,  and  at 
all  times  hereafter,  well  and  fuflieiently  fave,  defend^ 
keep  harmlefs,  and  indemnified  them,  the  laid  'John 
Jlay^  Edward  Amcs^  and  James  Earl^  and  every  of 
them,  their  and  every  of  their  heirs,  executors  and  ad- 
miniltrators,  and  his  and  their  i2;oods  and  chattels,  lands 
and  tenements,  of  and  from  all  future  claims  and  de- 
mands, that  Ihall  or  may  be  made  or  claimed  by  or  out 
of  the  laid  eftate,  or  from  them  the  faid  John  Hay^ 
Edward  .hue::,  and  James  Enrl^  as  afiignecs  thereof 
as  aforefaid  ;  and  of,  from,  and  againll  all  and  all  man- 
ner of  a6Vion  and  actions,  i'uits,  arrel^s,  troubles,  coils^ 
charLj^es,  damages,  andexpenfcs  whatlcever,  which  they 
the  faid  John  Hay^  Edward  Ames,  and  James  Earl,  or 
anycf  them, their  or  any  of  their  executors  or  adminillra- 
tors  fliall  or  may  fullain  or  be  put  imto,or  which  fliall  or 
may  happen  to  them,  or  any  of  them,  for  or  by  reafoji 
of  their  and  every  of  their  lawful  intermeddling  in  the 
faid  commilllon,or  becomin<r  aruo:nees  of  the  faid  ellate, 
or  for  or  by  reafon  of  this  prefent  deed  of  afllgnment* 
or  any  matter  or  thing  relating  thereto.   In  witnefs,  8s.c. 


A  transfer  of  a  Mortgage, 
This  indenture  tripartite,  made  the day  of 


between  Susannah  Beel,  of ,  spinster,  and  ]\I<ir- 

garet  Bcel,oH\\c  fame  place,  spinster,  lifter  of  the  faid* 

Susannah  Beel,  of  the  firft  part ;  Vincent  Vine,  of , 

i\\y^\  Jane  \\\s  wi^c.^hiX^  Jane  Row,  widow,  the  filler, 
heir  at  law,  and  devifee  named  in  and  by  the  laft  will 
and  tellamcnt  o{ Richard  Ghn^  hteof-; ,  dcceafedy. 


11$  ASSJGNMEN.Tv 

<!>f  the  fecond  part ;  and  iniiiajn  Mare,  of ,  of  th(5 

third  part:  Whereas  b}^  indentures  of  leafe  and  re- 
leafe,  bearing  date  refpeclivcly^the  leafe  the  thirteenth^ 
and  the  releaie  the  fourteenth  days  of  March,  Mhich 
'wa.s  in  the  year  of  our  Lord ,  and  made  or  men- 
tioned to  be  made  betM  een  the  faid  Richard  Glyn,  of 
the  one  part,  and  the  faid  Liusawiah  Beet  and  Alarj^a- 
retBeeI,(A\he.  other  part,  in  confideration  of  —  dolhirs, 
paid  to  the  faid  Richard  Gly/i,  by  the  faid  Susannah 
£eelsind  Marg.aret  Bed,  he  the  faid  Richard  Glyn  did 
grant,bargain,feU,ahen,releaie,and  confirm,  and  thereby 
pais  &  convey  unto  the  faid  Susannah  Bed  and  Marga- 
ret  Beel,2L\\(\  to  their  heirs  and  affigns,  all  that  meiluage 
or  tenement,  farm  and  lands,  &c.  To  hold  unto,  and  to  ■ 
the  ufe  of  the  laid  Susannah  Beel,  and  Margaret  Beel^ 
their  heirs  and  adigns,  by  Avay  of  mortgage,  and  fubject 
to  a  provifo  and  agreement  in  the  faid  indenture  of  re- 
Icafe,  contained  for  reconveyance  of  the  faid  thereby 
mortgaged  premifes,  with  the  appurtenances,  on  pay- 
ment by  the  laid  Richard  Glyn,  his  heirs,   executors, 

Jidminiftrators  or  aiTigns,  of  the  fum  of ,  (being  in 

difcharge  of  the  principal  of  fuch dollars,    as  a- 

forefoid,  with  one  year's  intereftfor  the  fame)  unto  the. 
faid  Susannah  Beel  and  Margaret  Bed,  their  execu- 
tors, adminiflrators,  or  aifigns,  at  the  times,  and  in 
manner  therein  mentioned  :  i\nd  whereas  by  indenture 
bearing  date  x\\t  fourteenth  day  of  March,  wliich  was 
in  the  year  of  our  Lord  — — ,  and  made  or  mentioned 
to  be  made  between  the  faid  Richard  Glyn  of  the  one 
])art,  and  the  faid  Susannah  Bed  and  Margaret  Beel, 
of  the  other  part ;  after  reciting  or  taking  notice  of  the 
faid  indentures  of  leafe  and  releafe,  by  way  of  mort- 
gage, and  for  fecuring  fuch dollars  and   interefl;, 

as  aforefaid,  and  alfo  taking  notice  of  an  arrear  of  inte- 
refl, having 'incurred  on  fuch  — ^ —  dollars,  belldes 
fome  other  charges  in  the  faid  now  reciting  indenture 
mentioned,  to  the  amount  logeiher  of  — — ,  which  not 


ASSIGNMENT,  177 

Suiting  the  convenience  of  the  l\iid  Richard  Glyti^  then 
to  latisfy,  he  was  dcfirous,  and  the  iUid  Susamiab  Heel 
and  Margaret  BceU  conlentcd  that  the  fame  lliould  be 
made  principal,  and  added  to  the  faid  fum  of  — dol- 
lars, which  made  together  the  fum  of  — —  dollars,  or 
reciting  or  taking  notice  to  that  or  the  like  efFe6\  ;  it 
was  witnclfcd  by  liich  now  reciting  indenture,  that  the 
faid  Richard  Glyn,  did  for  himfclf,  his  heirs,  execu- 
tors and  adminillrators,  covenant  and  agree  with  the 
faid  Susannah  Reel  and  JMargaret  Reel^  their  heirs, 
executors  and  adminittrators,  that  the  faid  feveral  pre- 
mifcs  comprifed  in  the  faid  indentures  of  leafe  and  re- 
leafe,  and  thereby  mortgaged  in  fee,  by  the  faid  Rich- 
ard Glyn^  to  the  faid  Susannah  Reel  and  Margaret 
BeeU  as  aforefaid,  fhould  from  thenceforth  Hand  and 
be  a  fecurity  to  them  for  the  faid  fum.  of  — —  dollars, 
which  fliould  from  thenceforth  be  confiderciil  all  as 
principal  money,  and  accordingly  carry  intereft,  after 
the  rate  of  fix  per  centum  per  annum,  or  fuch  now  re- 
citing leafe  was,  or  purported  to  be  to  that  or  the  like 
effe6l,  and  by  way  of  further  and  additional  charge  of 

the  faid  fum  of dollars  and  intereft,  upon  the  fi\id 

mortgaged  premifes  with  the  appurtenances  :  And 
whereas  all  intereft  accrued,   due  on  the  faid  fum  of 

dollars,  principal  money,  fofecuredas  aforefaid, 

to  the  day  of  the  dateof  thcfe  prefents,  hath  been  fully 
paid  and  fatlsfied  by  the  laid  Vincent  Vine  and  Jane  his 
wife,  to  the  faid  Susannah  Reel  and  Alargarct  Reel, 
which  they  do  hereby  acknowledge,  wherefore  there 
now  remains  due  to  them  on  the  faid  fecurity,  only 
the  faid  principal  fum  of dollars  :  Now  this  in- 
denture witnelfeth,  that  for  and  in  confideration  of  the 
fum  of —  dollars, by  the  faid  IVm.More,  in  hand,  well 
and  truly  paid  to  the  faid  Susannah  Reel ^w(\  Margaret 
^a'/,ator  immediately  before  the  fealingand  delivery  of 
thefe  prefents  (by  and  with  the  privity  and  confent  of  the 
MdVi?iccntPlnesiiidJane  his  wifcjteiliified  bv  their  fcve- 
[23] 


:I7S  ASSIGNMENT- 

TdViy  being  parties  to  and  refpe6\ivelyfeai'ing  and  deliver- 
ing of  thefe  pre{ents)iu  full  of  all  money  in  any  refpect 
due,  owing  or  payable  upon  the  faid  recited  fccuritics, 

the  receipt  of  which  fum  of dollars,thclaidiS//j'rtn- 

nab  lict'l  o.nd  Margaret  Bed,  do  hereby  acknowledge, 
and,  of,  and  from  the  fame  and  every  part  thereof,  do 
liertby  rtfijc6lively  acquit,  releafe,  and  for  ever  dif- 
charge  the  faid  //0;2.  More,  his  heirs,  executors,  ad- 
aniniftrators  and  afiigns,  they  the  faid  Susannah  Bed 
iind  Margaret  Bed  (by  and  a\  ith  fuch  privity  and  con- 
jent  fo  teilified  as  aforefaid,)  have,  and  each  of  them 
iiath  bargained,  fold,  releafed  and  confirmed,  and  by 
thefe  prefentsdo,  and  each  of  them  doth  bargain,  fell, 
ieleafe,  and  confirm  unto  the  faid  JP^m.'More,  (in  his 
actual  polTeflion  now  being  by  virtue  of  a  bargain  and 
fale  to  him  thereof  made  by  the  laid  Susannah  Beel 
imd  Margaret  Beel,  in  conii deration  o^  one  dollar,  by 
indenture  bearing  date  the  day  next  before  the  day  of 
the  date  of  thefe  preients  for  one  whole  year,  commenc- 
ing from  the  day  next  before  tl^e  day  of  the  date  of  the 
fame  indenture,  and  by  force  of  the  Iiatute  for  transfer- 
ring ufes  intopo{relIlon,)andtohisheirsand  afligns:  All 
thatthe  laid  meiTuagesortenements,  and  farms, and  thefe- 
■veral  lands,  arable,  meadow,  and  pafture,  and  other  the 
hereditaments  and  premjfes  comprifed  in  the  faid  in- 
dentures of  leafe  and  releafe,  and  thereby  mortgaged 
2n  fee  by  the  faid  JUchard  Glyn,  unto  the  faid  Susan- 
nab  Beel  and  Margaret  Beel,  and  afterwards  the  fiiid 

indenture  of  the  fourteenth  of  March ,  fo  further 

charged  refpcctively  as  aforefaid,  with  the  appurtenan- 
ces ;  and  the  reveriion  and  reverfions,  remainder  and 
rem/ainders,  of  all  and  lingular  the  faid  feveral  premi- 
fes  yearly,  and  other  rents,  iiTues  and  profits  thereof, 
and  all  the  eilate,  right,  title,  freehold,  inheritance,  in- 
terell,  ufe,  truft,  poffclTion,  property,  claim  and  demand 
v'hatfoever  of  the  faid  Susannah  Bed  and  Margaret 
Beel,  or  either  of  them,  of,  in,  or  out  of  fuch  fe- 
Tsral  premifes,  or,  of,   in,,  to  or  oijt  of  any   part   or 


ASSIGNMENT.  179 

parcel  thereof,  together  \\ilh  the  faid  feveral  recited 
indentures,  and  all  beiieiit  and  advantage  thereof.  To 
have  and  to  hold  the  laid  rrieiiViagc  or  tenement,  iarm, 
lands,  tenements,  hereditamentb  and  premiieb  hercl^y 
granted, bargained, fold,  reieaied,andconfirmed,  or  luen- 
tioned,  or  intended  ibt'obe,\\  idi  their  arid  every  of  their 
appurtenances  unto  the  laid  IVm.  il/(9rt',his heirs  andal- 
figns  X  Sabjccl  nevertlielefs  to  inch  power  and  ec^uity 
oi' redemption,  as  is  now  lubiilling,  of  or  concerning 
the  fame  premifes  refpc£\ively :  And  the  fuid  *S'z/5i^z72- 
7iab  J^ce/-dnd  Margaret  JJec/^  each  of  them  feparately 
and  apart  for  herf:;lf,  her  heirs,  executors  and  admmi- 
llrators,  acls  and  deeds  only,  and  not  jointly  one  for  the 
other,  or  for  the  heirs,  executors  and  adminiHrators 
a^s  or  deeds  of  the  other  of  them,  do  feverally  cove- 
nant and  declare,  toand\'ith  the  faid  IFni.  More,  his 
heirs  and  afiigns  by  thcfe  prefents,  that  they  the  faid 
Susannah  Bed  and  Marg-irct  BceU  refpe6\ively,  hath 
not  at  any  time  heretofore,  made,  done,  or  conmiitted, 
or  wittingly  or  willingly,  iufiercd  to  be  done  or  com- 
mitlcd  any  aft,  matter  or  thing  whatfoever,  whereby 
or  by  means  whereof  the  faid  hereby  releafed  premiles, 
^vith  the  appurtenances,  or  any  part  thereof,  is,  arc, 
can,  fliall,  or  may  1)C  in  any  wife  impeached,  charged, 
or  incumbered,  in  title,  eflate,  or  otherwife  howfaever. 
In  witncfs,  &c. 


Of  a  Bmd  as  a  collateral  Security. 

This  indenture  made  the day  of ,  between 

Caleb  King^  of ,  of  the  one  part  ;   and    Tniliam 

JFatkins^  of ,  of  the  other  part :   Whereas    Rich- 
ard Giles,  of ,  in  and  by   one  bond   or  obligation, 

bearing  date  the day  of ,  which  was  in  the 

3'ear  of  our  Lord ,  became  bound  to  the  faid  Ca- 

ieb  Kin^^  in  the  fum  of  — •— ,  conditioned  for  the  pay- 


lao  ASSIGNMENT. 

ment  of ,  on  the  ■ day  of ,  which  was 

in  the  year  of  our  Lord ,  with  lawful   intcrcft  for 

the  fiime  :   And  whereas  the  faid   Caleb  Kin^^  in  and 

by  his  bond  or   obligation  bearing  date  the day 

of laftpall,  became  bound  to  the  faid  JFm.  JVat- 

kins^  in dollars,  conditioned   for  the  payment  of 

the  fum  of  -. ,  on  the day  of now  next 

enfuing,  with  lawful  intercft  for  the  fame,  and  the  faid 
Caleb  Kin^^  alfo  in  and  by  his  other  bond  or  oblij^a-t 
tion,  bearing  even  date  herewith,  became  bound  to  the 

faid  Wm.   JFatkins^  in  another  fum  of dollars, 

conditioned  for  the  payment  of  the  further  fum  of ■ 

dollars,  on  the  faid day  of nov^  next  enfu- 
ing, with  lawful  intereft  for  the  fame,  and  the  faid  C^- 
/^^  A7;2g,  for  the  further  and  better  fecu  ring  the  pay- 
ment of  the  faid  feveral  funis  of  — -^  dollars,  and  — -— 

dollars,  (making  together  the  principal  fum  of ~ 

dollars)  with  intereft  for  the  fame  refpectively,  accord- 
ing to  the  conditions  of  the  faid  two  feveral  lall  in  part 
recited  bonds  or  obligations,  hath  propofed  and  agreed 
to  transfer  and  affign  over,  to  the  faid  JVm.  JVathns^Y 
wayjof  additional  and  collateral  fecurity,the  faid  herein 
before  recited  bond  or  obligation^fo  entered  into  by  the 
{■Aid  Richard  Giles  ^  to  the  faid  Caleb  JT/'/zg  as  afore - 
faid, and  the  principal  money  and  intereft  due  thereon, 
or  fecured,  or  recoverable  thereby,  or  by  means 
thereof,  in  manner  herein  after  mentioned  :  Now  this 
indenture  witnefTeth,  that  the  faid  Caleb  Kin^^  for  the 
confiderations  aforefaid,  and  alfo  in  confideration  of 
the  fum  of  o;z^  dollar,  of  lawful  money  oithQ  Unit- 
ed States,  to  him  in  hand  paid  by  the  faid  JVin.  Wat- 
kins,  at  or  before  the  enfealing  and  delivery  of  thefe 
prefents,  the  receipt  whereof  is  hereby  acknowledged  ; 
hath  bargained,  affigned,  transferred,  and  fet  over,  and 
by  thefe  prefents,  doth  bargain,  affign,  transfer,  and  fet 
over  unto  "the  faid  Wm^  JVatkins,  his  e^^ecviters,  ad- 


ASSIGNMENT.  182. 

miniflrators,  and  afligns,  the  faid  herein  before  recit- 
^ed  bond  or  obligation,  lb  given  and  entered  in  by  the 
laid  Richard  Gi/cs,  to  the  laid  Caleb  K'uig  as  afore- 
faid,  and  all  his  the  laid  Caleb  King's  intercllj  therein^ 
and  all  the  benefit  and  advantage  thereof,  and  all  fum 
antl  fums  of  money,  principal  money  and  intcreft,  lb . 
cured  or  recoverable  thereupon,  or  by  means  thereof, 
and  which  is  or  are  now  due  and  owing,  or  which 
fliall  or  may  hereafter  grow  due  thereon,  and  all  pow- 
ers and  remedies  which  he  the  faid  Caleb  King  hath, 
or  ever  had  for  the  recovery  of  the  fame  :  To  have, 
hold,  receive  and  take  all  and  lingular  the  premifes 
hereby  alligned,  or  intended  lb  to  be,  and  the  whole 
benefit  and  advantage  thereof,  and  all  monies  ariling 
therefrom,  unto  the  laid  JTm.  JFatkiiis,  his  executors, 
adminiftrators  and  afligns,  to,  and  for  his  and  their  own 
proper  ufe  and  benefit :  And  the  faid  CV/Zti^  A77/g,  for 
the  confideration  aforefaid,  hath  made,  ordained,  con- 
ilituted,  and  appointed,  and  by  thefe  prefents  doth 
make,  ordain,  conllitute  and  appoint  the  faid  //w. 
fVatkins^  his  executors  or  adminillrators,  his  the  faid 
Caleb  Alng's  true  and  lawful  attorney  and  attornie^, 
irrevocable,  giving  to  him  and  them  full  power  and  au- 
thority, in  the  name  or  names  of  him  the  faid  Caleb 
Ki7}g^his  execuiors  or  adminillrators,  to  aflv,  demand, 
fue  for,  recover,  levy,  and  receive  all  and  every  fum. 
and  fums  of  money  now  due  and  owing,  for  principal 
and  mtereft  on  the  faid  bond  or  obligation  hereby  af- 
figned  or  mentioned,  or  intended  fo  to  be,  or  that  iball 
or  may  hereafter  grow  or  accrue  due  thereon,  to  and 
for  the  fole  ufe  and  beneilt  of  him  the  faid  /rm.  JFat- 
kijis-,  his  executors,  adminillrators  and  alfigns,  in  fuch 
manner,  and  by  fuch  procefs  and  lawful  means  as  he 
rhe  faid  IF?!!.  IFatkins^  his  executors,  adminillrators 
or  alligns,  or  any  of  them  Iball  be  advifed  and  think 
proper,  and  upon  receipt  thereof,  or  upon  fatisfaclio© 


IB2  ASSIGNMENT. 

being  given  to  the  fliid  JP^'m.  fFatJdns^  for  the  liime,  in 
fcl^d  name  of  the  laid  Caleb  King^  his  executors,  or/ 
ti^dminiftratorii,  or  any  of  them,  or  in  the  name  or  names 
ofhira  the  faid  JFm.  JFatkins,  his  executors,  admini- 
itrators  or  alligns,  to  releafeaiid  difcharge  the  faid  Rich- 
ard Gilcs^  his  heirs,  executors  and  adminiftrators  from 
the  fame,  and  further,  to  do  and  perform  all  and  every 
other  lawful  ae\  and  a<!^ls,  thing  and  thmgs,  neceiTary 
and  expedient  to  be  doR€,  for  the  recovering,  obtaining^ 
getting  m,  receiving,  or  difcharging  the  monies  due 
and  payable,  or  tliat  lliall  hereafter  grow  due  and  pay. 
able  on  the  faid  hereby  affigned  bond  or  obligation,  as 
to  the  faid //"It?,  //^izf/jz/z^,  his  executors,  adminiilrators 
or  alTigns,  ihall  be  thought  advifeable  and  expedient, 
xincl  one  or  more  attorney  or  attornies  under  him  or 
them,  for  the  purjiofes  aforelaid,  to  confutute  and  ap- 
poi'ii,  and  again  at  his  or  their  pleafure  to  revoke  :  A\\(\ 
the  faid  Caleb  King ^  forhimfelf,  his  heirs,  executory, 
and  adminiilrators,  doth  hereby  covenant,  proinife,  and 
agree,  to  and  with  the  faid  JFm.  JFatkins^  his  execu- 
tors, adminiftrators,  and  affigns,  that  he  the  faid  Caleb 
JuT?^,  hath  not  at  any  time  heretofore  done  or  com- 
mitted, nor  fliall  or  will  at  any  time  hereafter,  do  or 
commit  any  a£t,  matter,  or  thing  whatfoever,  whereby 
or  by  means  Mhereof  the  faid  hereby  affigned  bond  or 
obligation,  or  the  money  fecurcd  thereby,  or  any  part 
thereof,  or  any  procefs,  proceedings,  fuit,  judgment, 
or  v/rit  of  execution  whatfoever,  that  fliall  or  may  be 
had,  taken,  commenced,  or  profecuted  thereon  m'pur- 
fuance  of  thcfe  prefents,  or  any  power  or  authority 
hereby  given  or  granted,  is,  are,  fiiall  or  may  be  in  any 
wife  releafed,  impeached,  or  difcharged,  aiTigned,  re- 
voked, hindered,  or  avoided,  but  fliall  and  will  from 
linrte  to  time,  and  at  all  times,  avow  and  own,  ratify  and 
confirm,  all  fuch  matters  and  things,  Vvrits,  procefs, 
executions,  and  proceedings  as  he  the  faid  IFm.  JFat- 
klns^  his  executors,  adminiftrators,  or  afligns,  or   any 


ASSIGNMENT.  is;; 

other  pcrfon  orpcrfons  l)y  his  or  their  procurement  cnr 
direction  Ihall  in  purluaiKe  of  thclc  prefcnts,  do,  com- 
rrience,  brini^,  or  profccute,upoii  or  by  rcafon  or  means 
of  the  faicl  bond  or  obligation,  and  preniifes  liereby  ai- 
ii.^ned,  in  any  ^\  ife  :  Provided  always,  and  it  is  here- 
by agreed,  by  and  between  tlie  laid  parties  to  ihtfe 
prefcnts,  that  if  the  fliid  Caleb  K'u:g,  his  heirs,  exceu- 
.  tors,  or  adniiniib  ators,  or  any  of  ihcni,  do  and  Ihalt 
"well  and  tridy  pay,  or  eaule  to  be  paid  unto  the  fuid. 
JVm.  IVatkins,  his  executors,  adminilli-ators,or  afhgns, 

the  fiikl  fcveral  and  refpe(I\ive  principal  fums  of  

dollars,  and dollars  of  lawful  money  of  the  United- 

^'tatcs.w  ixh  lawful intercll  for  thefame  reipeCiively,ator 
upon  theday  appointed  forihepa^mentthereof,ii\  andby 
the  faid  two  fcveral  herein  before  mentioned  ccHiditions 
of  the  faid  recited  bonds  or  obligations  fo  entered  into, 
and  given  by  the  faid  Caleb  King,  to  the  laid  l^m.  IFat- 
kins  as  aforefaid,  and  according  to  the  true  intent  ancf 
meaning  of  the  fame  rcfpeflively,  then  this  prcfer.t  in- 
denture, and  every  matter,  claufe,  and  thnig  herein 
contained,  fliall  immediately  from  thenceforth  ceail% 
determine,  and  be  abfolulely  void,  to  all  intents  and 
purpofes  whatfoever,  any  thing  herein  before  contain- 
ed to  the  contrarv  thereof  in  any  wife  notwithllanding. 
In  witncfs,  Sec. 


Of  a  Lense  hi  consideration  of  being  discharged  from 
Arrears  of  Rent. 

To  all  to  whom  thcfc  prefcnts  fiiall  come,  the  with- 
in nanied  John  Ilavgh  fendeth  greeting.  Whereas 
there  is  one  year  and  a  quarter's  rent  due  from  the  faid 
John  IJaugb  to  the  within  named  Ibciety  of  the  city  of 

Fhiladclljhia,  on  the day   of  laft,    for  tlie 

within  dLnnifcO  premifcS;  which  uniounts  to  the  fum  of 


184  ASSIGNMENT. 

. -  dollars  :  x^nd  whereas  the  faid  Jobn  Haiigh  hath 

agreed  to  afiign  the  faid  premiles,  and  all  his  ellate  and 
intereft  therein,  together  with  all  arrears  of  rent  now' 
due  to  him  from  his  under-tenants  unto  Richard  Den- 
nison^  of ,  gentleman  ;  in  conhderation  of  his  un- 
dertaking to  difcharge  the  faid  arrears  of  rent  due  from 
him  the  laid  John  Haugh  to  the  l\iid  fociety.  Now 
witnefs  thefe  prefents,  that  the  faid  John  Haugh^  in 
purfuance  of  the  faid  agreement,  and  for  and  in  conhde- 
ration of  the  fum  of dollars  of  lawful  money   of 

the  United  States,  to  him  in  hand  paid»  by  the  faid 
Richard  Bcnnison,  at  or  before  the  fealing  and  delivery 
of  thefe  prefents,the  receipt  whereof  is  hereby  acknow- 
ledged, hath  granted,  bargained,  fold,  affigned,  trans* 
ferred,  and  let  over,  and  by  rhefe  prefents  doth  grant, 
bargain,  fell,  aflign,  transfer  and  let  over  unto  the  faid 
Richard  Bcnnison,  all  that,  the  piece  or  parcel^  of 
ground,  wharf,  meffuage,  or  tenement,  ftables,  ware- 
houfes,  ciountin8:-houie,  buildings, and  all  and  fmgular, 
other  the  premifes  in  and  by  the  within  written  inden- 
ture of  leafe  demifed,  or  intended  to  be  demifed  to  the 
•within  named  John  Hau%h,w\i\\  their  and  every  of 
their  appurtenances  ;  and  all  the  ellate,  right,  title,  in- 
tereft, term  of  years  yet  to  come  and  unexpired  ;  pro- 
perty,'claim  and  demand  whatfoever,  of  him  the  foid 
John  Hau^h,  of,  in,  and  to,  or  out  of  the  fame  pre- 
juifes,  and  every  or  any  part  thereof,  together  with  the 
iaid  indenture  of  leafe,  and  counter  parts  of  leafes  to 
his  feveral  under-tenants,  and  all  arrears  of  rent,  and 
fum  and  funis  of  money  due  and  owing  to  the  faid  John 
Hau%h  from  any  perfon  or  perfons  whomfoever,  for  or 
in  re"fpe6l  of  the  rent  and  arrears  ©f  rent  of  the  faid 
premifes,  or  any  part  thereof,  and  all  fecurities  had  and 
taken  for  the  lame.  To  have  and  to  hold,  the  faid 
meffuage  or  tenement,  ilables,  ware-houfes,  counting- 
houfe,  ground,  wharf,  and  premifes  hereby  affigned  or 
mentioned,  or  intended  fo  to  be,  witli  their  and  every 


ASSIGNMENT*  185 

'-.^f  their  appurtenances,  unto  the  faid  RichardDcnnhon^ 
3iis  executory,  adniinillrators  and  aflij^ns,  from  hcncc- 
Ibrth  lor  and  during  all  ihe  reft,  relidue,  and  remainder 
now  to  come  and  unexpired  ol'thc  term  oi  thirty  yeyrs, 
in  and  by  the  within  written  indenture  of  Ical'e  si;ranted, 
fubje6t  nevertheiefs  to  the  payment  of  the  laid  arrears 
of  rent  now  due  from  the  laid  John  llaiigh^  to  tlie  laid 
fociety,  for  the  laid  piemifes  ;  and  aifo  to  the  payment 
of  the  rent  a.id  performance  of  the  covenants  in  and  by 
the  witiiin  written  indenture  of  leafe  referved  and  con- 
tained on  the  tenant  or  leliee's  part,  from  henceforth  to 
be  paid,  done  and  performed.  And  to  have,  hold, 
perceive,  receive,  take  and  enjoy,  the  laid  rents  and  ar^ 
rears  of  rent  now  owing  to  the  laid  John  Haugh,  men- 
tioned and  intended,  to  be  hereby  afiic^ned  unto  the  laid. 
Richard  Dennison^  his  executors,  adminillr.itors  and 
affigns,  to  his  and  their  own  ufe,  and  as  h:s  and  their 
own  goods  and  chattels  abfolutely  for  ever  :  And  for 
the  better  enabling  tlic  faid  Richard Dcnnison,  his  ex- 
ecutors and  adminiilrators  to  receive  and  get  in  the 
faid  rents  hereby  affigned,  he  the  {'AvXJohn  Hangh  hath 
conilituted  and  appointed,  and  by  thefe  prefents  doth 
conftitute  and  appoint  the  faid  Richard  Deunison,  his 
executors,  adminiilrators  and  alligns,  his  true  and  law- 
ful attorney,  for  and  in  the  name  of  him  the  faid  John 
Jlaiigh  or  otherwife,  but  for  the  fole  ufe  and  henelit  of 
him  the  faid  Richard  Dcnnison^  his  executors,  admin- 
iilrators and  alligns,  to  aik,  demand,  recover  and  re- 
ceive of  and  from  all  and  every  perfon  and  perfons  li- 
able and  obliged  or  intrullcd  to  pay  the  fame  refpe6live- 
ly,  all  and  every  fum  and  funis  of  money  now  due  and 
owing  to  the  Hud  John  llaugh  from  any  tenant  or  oc- 
cupier of  the  faid  premifes,  for  rent  and  arrears  of  rent 
of  the  faid  hereby  afligncd  premifes,  or  ajiy  part  there- 
of, and  to  give  receipts  or  other  cfR'6lual  difcharges  for 
the  fame,  in  the  name  of  the  laid  John  Hough  or  otlier. 
"^'ile,  as  to  the  faid  Richard  Dcnnison^   llis  executors, 

[  24  J 


186  A  S  S  I  G  N  M  E  N  T. 

or  adminiftrators  flial!  fccm  mod  proper  and  expedient, 
and  to  life,  take  and  profecute  every  or  any  knvful  me- 
thod, courfe,  or  expedient,  for  the  recoverinj^  and  get- 
ting in  the  laid  rents  and  arrears  of  rent,  in  as  full,  am- 
ple and  beneficial  manner,  to  all  intents  and  purpofes, 
as  he  the  faid  John  Ilaugh  might  or  could  do  in  cafe 
thefe  prefcnts  had  not  been  made  :  And  the  faid  John 
Haugh  for  himfelf,  his  heirs,  executors  and  admini- 
Urators,  doth  covenant,  promifc  and  agree  to  and  with 
the  fiiid  Richard  Dcnnison^  his  executors,  adminiftra- 
tors  and  affigns,  by  thefe  prcfents,  that  he  the  {'dXdiJohn 
Haiigh^  his  executors  or  adminiilrators,  fl^^all  and  will 
from  time  to  time,  and  at  all  times  hereafter,  at  the  re- 
tjueft  and  proper  cofts  and  charges  in  the  law  of  the 
iaid  Richard  Dennison^  his  executors,  adminiftrators 
or  affigns,  make,  do  and  execute,  all  fuch  further 
and  other  lawful  and  reafonable  acls,  conveyances  and 
affurances  whatfoever,  for  the  further  and  better  affign- 
ing  and  affuring  the  fiiid  mcifuage  or  tenement,  llables, 
ware-houfes,  counting-houfe,  ground,  wharf,  and  pre- 
mifes,  unto  the  faid  Richard  Dennis  on  ^  his  executors, 
adminiilrators  and  affigns,  for  all  the  then  refidue  of 
i}ci^  term  within  denilled,and  for  enabling  the  faidi?if/6- 
nrd  Denn'ison^  his  executors  or  adminiilrators,  to  re- 
cover and  get  in  the  faid  rents  and  arrears  of  rent,  as 
by  him  or  them,  or  his  or  their  counfel  learned  in  tha 
iaw  fliall  be  advifed  and  required.     In  wiinefs,  '^o,^ 


-Of  an  Agreement  for  a  Zease^ 

This  indenture  made  the day  of ,  between 

Henry  Hurle^  of ,  carpenter^  of  the  one  part,  and 

Thomas  Greeny  of ,   hosier^    of  the  other  part  r 

Whereas  by  an  agreement  in  writing  under  the  hands 

€f  Jane  Danson^  of ,  spinster^  and  the  laid  Hen- 

rj  HurUy  bearing  dut$  tliQ  in!j^nfj-ihlrd(hy  of  Decern-^ 


ASSIGNMENT.  187 

$cr,  which  was  in  the   year  of  our  Lord ,   and 

niutle,  or  mentioned  to  be  mudc,  between  the  iVid  o\i/ic 
Danson,  of  the  one  part,  and  t!ie  laid  Henry  llurU  of 
the  other  part :  It  is  witneiled,  that  the  faid  Jam  Ban- 
son,  did  thereby  agree  to  let  unto  the  faid //t7/^3'////r/^, 
for  twche  years  and  three  quarters  of  a  year,  from 
the  date  iliereof,  all  that  dwelling-houfeand  prOmifes 

V  hich  the  faid  Jane  Danson  held  by  leafe  from y 

lituate  in  albrcfaid,   at   tiic  yearly  rent  of , 

clear  of  all  deduftions  whatfocver,  except  taxes,  and 
the  laid  Henry  Iliirle  did  thereby  agree  to  take  the  faid 
houfw  for  the  above  mentioned  time,  and  to  keep  the 
fame  in  tcnantable  repair,  accidents  by  fire  excepted  ; 
and  to  pay  to  the  iliid  Jane  Danson  the  Hiid  yearly  rent 

or  fumof ,  by  equal  quarterly  puyments,  th.e  firft 

payment  thereof  to  be  made  on  the day  of  March 

then  next ;  and  it  was  thereby  further  agreed  between 
the  faid  Jane  Danson  and  Henry  Hurle,  that  the  faid 
Henry  Hurle  lliould  let  the  i^vAJanc  Danson  ha\a£  for 
herfch''  to  live  in  as  long  as  flie  thought  proper,  the 
back  room  on  the  ground  floor,  and  one  (lied  in   the 

yard  for  the  yearly  rent  of dollars,  as  by  the  faid 

agreement,  relation  being  thereunto  had  may  appear. 
And  whereas  the  faid  Henry  Hurle,  in  purfiiance  of 
the  faid  recited  a^^ret  ment,  entered  into  and  hath  con- 
tiiuicd  in  poUelfion  of  the  faid  meifuap^e  or  tenement 
and  premifes,  until  the  dav  of  the  date  of  thcfe  prefents, 
and  during  that  time  hath  laid  out  feveral  funis  of  mo- 
ney  in  repairing  and  improving  the  fame  :  And  where- 
as the  faid  Thomas  Green,  hath  contra^'\ed  and  agreed 
■with  the  faid  Henry  Hurle,  for  the  purchafe  of  his  term 
and  intereft  in  the  faid  premifes  at  and  for  the  price  or 

finn  of  dollars.     Now  this   indenture  witnefs- 

eth.  That  for  and  in  confideration  of  the  fum  of 

dollars,  by  the  faid  Thomas  Green  to  the  faid  Henry 
Hurle  in  hand  paid,  at  and  before  the  fealing  of  thefe 
prcfents,  the  receipt  whereof  he  doth  hereby  acknowl. 


1S8  A  S  S  I  G  N  M  E  N  T. 

edge,  and  thereof  acquit,  releafe,  and  difcliarge  the  faid 
Thomas  Grccji,  his  executors,  admiu'ilrators  and  af- 
figns,  by  tiielc  prcfents,  lie  the  fl'id  Ihmy  llurle  hath 
granted,  bargained,  Ibid,  ailigncd,  transferred  and  fet 
over,  and  by  theie  prefents  cioth  grant,  bargain,  fell, 
afiign,  transfer  and  fct  over  unto  the  faid  Thomas  Green, 
his  executors,  admmiflrators  and  afiigns,  the  faid  re- 
cited agreement  ;  and  the  meOiiage  or  tenement  and 
premifes  thereby  agreed  to  be  demifed  to  the  faid  Hen- 
ry Ilurle  as  aforefaid,  with  their  and  every  of  their  ap- 
purtenances ;  and  all  the  cftate,  right,  title,  intereft, 
term  and  terms  of  years  yet  to  come  and  unexpired, 
claim  and  demand  whatfocAer,  both  at  law  and  in  equi- 
ty of  him  the  faid  Henry  Hurh\  of,  in,  to  or  out  of 
the  faid  premifes,  or  any  part  or  parcel  thereof,  by  vir- 
tue of  the  faid  recited  agreement  or  otherwife  howfoe- 
ver ;  and  all  benefit  and  advantage  thereof,  and  of  the 
covenants  and  agreements  therein  irjferted  and  con- 
tained. To  have,  hold  and  enjoy  the  faid  hereby  aflign- 
ed  premifes,  with  their  and  every  of  their  appurtenan- 
ces, unto  the  faid  Thomas  Green,  his  executors,  ad- 

miniilrators  and   afligns,   from    the day  of 

now  laft  paft,  for  all  the  terms,  eilate  and  intereft,  of 
him  the  faid  Henry  Hurle,  of,  in,  and  to  the  fame  ;  fub- 
jecl  neverthelefs  to  the  payment  of  ihe  rent,  and  to  tlie 
performance  of  the  covenants  in  the  faid  recited  agree- 
ment referved  and  contained,  which,  from  and  after  the 

faid day  of now  laft  paft,   on    the  part  and 

behalf  of  the  faid  Henry  Hurle,  his  heirs,  executors, 
and  adminiftrators,  fliall  become  due  and  ought  to  be 
paid  and  performed  :  And  for  the  better  and  more 
effectually  enal^ling  and  empowering  the  faid  Thomas 
Green,  his  executors,  adminiftrators,  and  affigns,  to 
obtain  and  procure  from  the  faid  Jane  Danson,  her 
executors,  adminiftrators,  and  affigns,  fuch  grant  or 
leafe  as  in  and  by  the  faid  hereinbefore  in  part  recited 
ag?eement,  is  rnentioned  and  agreed  to  be  made  or 


ASSIGNMENT.  181? 

exequtcd  in  that  behalf,  and  for   the  accelerating  and. 
tnloixingthe  obtainiiig  and  procuring  of  the  lane,   he 
the  i'iudJ/cnry  Ilurlc  hath  made,  ordained,  conllituted, 
and  appointed,  and  by  thcfc  prcfents  doth  iviake,   or- 
dain, conllitute,  and  appoint  the   laid   Thomas  Green, 
his  executors  and  adminiihators,    his  true  and   lawful 
attorney  and  attornies,  irrevocable,  fur  him  and  in   his 
name,  place  and  Head,  or  in  the  name  or  names,  and 
to  and  for  the  proj)er  ufe  and   benefit    of  him  thr  faid 
T/Jonias  Green,  his   executors,    adminiftratcTs,    or  af- 
iigns.  to  aik,  demand,  procure,  and  obtain  of  and  from 
the  faid  Jane  Danson,  her  executors,  adminiftrators, 
or  afligns,  and  all  and  every  other  pcrfon  and  perfons 
^vhom  it  doth  or  may  concern  ;   a  leafe  or  grant    from 
the  {-dkl  jfane  Danson  to  the  faid //<?;7ry  Hurle,  or  him 
the  faid  Thomas  Green,  his  executors,   admitiiOrators, 
or  aiTi.ens,  of  the  faid  melluage  or   tenement  and   jre- 
mifes  herein  before  afiiij;ned,    and  agreed  to   be   made 
and  executed   thereof  as  aforefaid  ;   and   upon   receipt 
and  delivery  of  the  faid  leafe  or  grant,  tofcal,  execute, 
and  deliver  a  counterpart  thereof,  for   and  in  the  name 
of  the  faid  Henry  Ilurle,  his  executors  or  adrninillra- 
tors,  or  in  the  name   ot  him  the  faid    Thomas  Grecuy 
his  executors,  adminiftrators,  or  afiigns,  and  generally 
to  do,  execute  and  perform,  all  and  every  fuch  further 
and  other  lawful  and  reafonable  a61  and  i,c\s,  thing  and 
things,  as  fliall  be  neceirary  for  the    belter   and  m.ore 
fpecdy   obtaining  the  faid  leafe  or  grant,  he   the   faid 
Henry  Hnr/efov  himfclf,  his  executors  and  adminif'ra- 
tors,  hereby    agreeing  to    ratify,  confirm,   and  allow, 
■  all  and  whatibever  the  faid  Thomas  Green,  his  execu- 
tors, adminillrators,    or   afligns,  (hall  lawfully  do   or 
caufe  to  be  done  in  or  about  the  preniifcs  by  virtue  of 
thefe  prelents.      And  the  faid  Henry  Hurle  doth  here- 
by for  himfelf,  his   heirs,   executors,    and  adminiftra- 
tors,  covenant,  promife  and  agree  to  and  with  the  faid 
Thomas  Grecn^  his  executors,  adminillrators,  and  r.f- 


150  ASSIGNMENT. 

figns,  Ihathe  the  faid  Henry  Hurle^  his  executors  or 
adminirtrators,  ihall  and  will  at  the  requcft  of  the  i'aid 
Thomas  Grecii^  his  executors,  adminillrators,  and  af- 
iigiis,  ufe  his  and  their  beil  means  and  endeavors  to 
procure  the  laid  Jaiic  Danson,  her  executors,  admi- 
nillrators, or  ailigns,  to  grant  a  leafe  of  the  faid  mef- 
fuare  or  tenement  and  premiCes,  either  to  the  laid  Hen- 
ry  Hurle^  his  executors  or  adminillrators,  or  to  the 
foid  Thomas  Grcc7i^  his  executors,  adminiflrators,  or 
^iil^jfns  ;  And  that  he  the  faid  Henry  Hurle^  his  exe- 
cutors or  adminillrators,  fliall  and  will  in  cafe  fueli 
leafe  Uiail  be  granted  to  him  or  them  by  good  and  fuf- 
iicient  conveyances  and  ailarances  in  the  law,  afiign, 
mai;e  over  and  confirm  unto  the  faid  Thomas  Green^ 
bis  executors,  ajchniniflrators,  or  afligns,  tho  faid  iiitf- 
fuage  or  tenement  and  premifes  hereinbefore  m.ention- 
ed,  to  be  hereby  ailigned  to  and  for  his  and  their  own 
proper  ufe  and  benefit,  for  and  during  all  the  refidue 
and  remainder  of  the  laid  term  of  twehe  years  and 
three  quarters  of  a  year  which  fliall  be  then  to  come 
and  unexpired  :  And  for  all  other  the  ellate,  term  and 
JDtcreft,  which  he  the  laid  Henry  Hiirle,  his  executors, 
adminillrators,  or  affigns,  fliall  have  or  be  entitled  to 
therein.     In  Witneis,  5^c. 


Of  Leasehold  Premises  by  Indorsement,  from  an  E^^ 
cutrlx  to  a  Purchaser. 

To  all  to  whom  thcfe  prefents  fiiall  come,  Susannah 
Bovoesoi ,  the  widow  of  the  within  named  Samu- 
el Bovjes,  and  fole  executrix  nnmed  in  his  lail  will  and 
teftamcnt,  fendeth  greeting:  Whereas  the  liiid  within 
named  Samuel  Bovjes  has,  fince  the  execution  of  the 
wiihin  indenture  of  leafe,  departed  this  life,  having 
iiril  made  and  publiihed  his  lail  will  and  teRament  ia 


ASSIGNMENT.  191 

nriting,  and  thereof  appointed  the  faid  Stistvinab 
Bowt'S  Iblc  executrix  ;  ^iiid  whereas  the  wiUiin  dc- 
mifed  prcniiles,  and  indenture  of  ieafe  were  lately  put 

up  to  fale  by  pubhc  au(!:lion,and  Richard  Giles  of 

having  attended   ut  fuch    fale,  and  oftered  the  fiim  o£ 

dollars  for  the  purchafe  thereof,  lie  w  as  declared 

to  be  the  highcft  bidder  for  the  fame,  and  the  faJd  pre- 
mifcs  and  indenture  of  Icafe  were  accordingly  ibid  to 
him  at  and  for  that  funi.     Now  know  ye,  that  for  and 

in  confideration  of  the  fum  of dcjUars,  to  the  faid 

Susannah  Bo\-jcs  in  hand  paid,  by  the  faid  Richard 
Giles  at  and  before  the  fealing  and  delivery  of  thefe 
prefents,  the  receipt  whereof  is  hereby  acknowledged  ; 
Ihe  the  faid  Susannah  JJo\vt'S  hath  granted,  bargained, 
fold,  aihgncd,  transferred,  and  fet  over,  and  by  thefe 
prefents  doth  grant,  bargain,  fell,  afiign,  transfer,  and 
iet  over  unto  the  faid  Richa>d  Giles^  his  executors, 
adminiftrators,  and  arAi^ns  all  that  piece  or  parcel  of 
ground,  and  all.  and  hngnlar  other  the  premifes  in  and 
by  the  within  written  indenture  of  Icafe  demifed  or 
mentioned  or  intended  to  be  thereby  demifed,  with 
their  and  every  of  their  appurtenances  ;  and  all  the 
cilatc,  right,  title,  intercfl,  term  of  years  to  come  and 
unexpired,  property,  claim,  and  demand  whatfoever, 
either  of  the  within  named  Samuel  Buvcs^  or  of  her 
the  (liid  Susannah  Bo%ves,  as  executrix  or  otherwife, 
of,  in,  to,  or  out  of  the  fame  premifes,  every  or  any 
part  thereof,  together  with  the  l:\id  indenture  of  leaie. 
To  have  and  to  hold  the  faid  piece  or  parcel  of  ground, 
and  all  and  fmgular  other  the  premifes  hereby,  or 
mentioned  to  be  hereby  afligned,  with  their  and  every 
of  their  appurtenances,  unto  the  faid  Richard  Giles^ 
his  executors,  adminiilrators,  and  aifigns  from  ihc/irst 

day  of ,  next  rnfuing  the  date  hereof,  for  and  du:*- 

ing  all  the  reft,  reliduc,  and  remainder,  which  Ihall  be 

then  to  come  and  unexpired,  of  the  term  of years, 

ill  and  by  the  withhi  written  indenture  of  li.ufe  grant- 


19S  ASSIGN  M  E  N  T. 

ed  thereof :  SubjcCl  neverthelefs  to  the  paj^ment  of 
the  rentancl  perlbimance  of  the  covenants  in  the  lame 
indenture  of  ieafe,  rtferved  and  contained  on  the  te- 
nant or  lelicc's  part,  from  thenceforth  to  be  paid,  done, 
and  performed  :  And  the  faid  Susannah  Boivcs,  doth 
hereby  for  herfelf,  her  heirs,  executors,  and  adminif- 
trators,  covenant,  promife,  and  agree,  to  and  nith  the 
fliid  Richard  Giles^  his  executors,  adminiftrators,  and 
affigns,  in  manner  following  (that  is  to  fay)  that  he  the 
iaid  Richard  Giles^  his  executors,  adminiftrators,  or 
afligns,  paying  the  rent,  and  obferving,  and  performing 
the  covenants  and  agreements  refcrved  and  contained 
in  and  by  the  faid  within  written  indenture  of 
Ieafe,  on  tlje  tenant  or  leflee's  part,  to  be  paid  and  per- 
formed, from  and  after  the  {di^^.  first  day  of ,  next 

enfuing  the  date  hereof,  Ihall  and  may  from  time  to 
time  and  at  ali  times  thereafter,  fof  and  during  all  the 
refidue  and  remainder  which  fnall  be  then  to  come  and 
unexpired,  of  the  faid  term  of years  by  the  with- 
in written  indenti*ire  of  leafc  granted,  lawfully,  peacea- 
bly, and  quiet]}"  have,  hold,  occupy,  polfefs  and  enjoy 
the  faid  piece  or  parcel  of  ground  and  premifes,  hereby 
afligned  or  intended  fo  to  be,  with  their  and  every  of 
their  appurtenances,  and  receive  and  take  the  rents,  if- 
fues,  and  profits  thereof,  and  of  every  part  thereof,  to 
and  for  his  and  their  own  ufe  and  benefit,  without  any 
lawful  let,  fult,  trouble,  denial,  eviftion,  or  interrup- 
tion of,  or  by  the  faid  Susannah  Bowes ^  her  executors, 
adminiftrators, or  affigns,  or  any  other  perfon  or  perfons 
•^vhomfoevcr,  iav/fuliy  claiming  or  to  claim,  by,  from, 
or  under  her,  them,  or  any  of  (hem^  or  by  or  through 
her  or  their  aCl,  means,  neglect,  default,  or  procure- 
ment :  And  that  free  and  clear,  and  freely  and  clearly 
acquitted  and  difchargcd,  or  otherwife  by  the  faid  5^- 
sannah  Bowes ^hQV  Q.^tc\xtox^  or  adminiftrators,  well 
and  fuiTicientiy  ftived,  kept  harmlefs,  and  indemriified 
®f,  from  and  ajjainft.  all  and  all  m^aniier  of  former  an«i 


ASSIGNMENT^  193 

other  deeds,  gifts,  grants,  bargains,  fales,  afTignments, 
mortgages,  furre riders,  re-entries,  judgments,  exeeu- 
tions,  extents,  ilatiitcs,  recognizanees,  and  all  other 
incumbrances  whatlbever  :  And  of  and  from  all  arrears 
of  rent,  taxes  and  aireHnients,  until  the  ididjirst  day  of 

now  next  enfuing.    And  further,  that  llie  tlxifaid 

Susannah  Jioivcs,  her  executors  or  adniinillrators,  and 
all  and  every  other  pcrlbn  and  perfons  having,  or  law- 
fully claiming,  or  to  claim  any  ellate,  right,  title  or  in- 
terell,  of,  in,  to  or  out  of  the  faid  hereby  afiigned  pre- 
mifes,  or  any  part  thereof,  from,  by,  under  or  in  truft, 
either  for  the  within  named  Samuel  Bowes^  or  for  her 
the  faid  Susannah  Bowes^  her  or  any  of  her  executors 
or  adminirtrators  fliall  and  will  from  time  to  time  and 
at  all  times  during  the  continuance  of  the  faid  term 
hereby  afligned  upon  every  reafonable  requeft,  and  at 
the  cofts  and  charges  in  the  law,  of  him  the  faid  Rich- 
ard Giles^  his  executors,  adminillrators,  or  afligns, 
make,  do  and"  execute,  or  caufe  and  procure  to  be: 
made,  done,  and  executed,  all  and  every  fuch  fur- 
ther and  other  lawful  and  reafonable  a6\s,  conveyances 
and  affurances  in  the  law  wdiatfoever,  for  the  further 
and  better  afligning  and  alfuring  the  faid  premifes  unto 
the  faid  Richard  Gilcs^  his  executors,  adminiftrators 
and  afligns,  for  the  then  relldue  of  the  term  within  de-. 
mi  fed,  as  by  the  faid  Richard  Gilcs^  his  executors, 
adminiftrators,  or  afligns,  or  his  or  their  counfcl  learn- 
ed in  the  law,  fliall  be  rcafonably  devifed  and  required- 
In  witnefs,  &c. 


8G^  The  expenfe  of  the  afllgnmcnt  oJf  any  terms  o£- 
years  which  a  purchafer  can  require  to  be  afligned  to 
attend  the  inheritance,  muft  be  borne  by  the  purchafer 
himfclf;  but  the  thleto  them  muft  of  courfe  be  dedu- 
ced at  the  expenfe  of  the  vendor  ;  and  if  a  term  has  ne- 
ver been  afiigned  to  attend  the  inhentaace,  tjie  vender 

[  25  ] 


194  ASSIGNMENT. 

Tnufl  bear  the  expenfe,  not  only  of  deducing  tlie  tifk, 
but  alfo  of  the  allu^nmcnt  of  the  term  to  ii  truflee  of  the 
purchafer's  noniination  to  attend  the  inheritance. 
iSugden  27  L. 


Of  Leasehold  Premises^from  a  Mortgagee  and  Mar  t^ 
gagor  to  a  Purchaser . 

This  indenture  tripartite,  made  the day  of ,' 

between  John  Jones  ^  of- ,  of  the  firft  part ;  Joseph 

A'ingy  of ,   of  the  fecond  part  ;    and  Paid  Poe,  of 

the  third  part :  Whereas  [^here  recite  the  lease.']  And 
tvhereas  the  faid  Da'uid  Giles,  did  afterwards  ere6l  and 
build  on  the  faid  piece  or  parcel  of  ground,  one  brick 
auelfuage  or  tenement,  purfuant  to  a  covenant  for  that 
purpofe  contained  in  the  faid  indenture  of  leafe.  And 
whereas  in  and  by  an  indenture  of  affignment  or  mort- 
gage, bearing  date  on  or  about  the day  of , 

and  made  or  mentioned  to  be  made  between  the  faicf 

Daiiid  Giles  of  the  one  part,  and  Abel  Hay,  of , 

of  the  other  part  \j-echin^  to  the  effect  hereinbefore 
recited']  the  faid  David  Giles,  for  the  confiderations 
therein  mentioned,  did  allign  and  fet  over,  unto  the  faid 
\Abel  Hay,  all  the  faid  piece  or  parcel  of  ground,  and 
the  faid  melTuagce  or  tenement  thereon  creeled  and 
built,  and  all  and  fingular  other  the  premifes  in  the  faid 
indenture  of  leafe  granted  and  demifcd,  vvith  their  and 
every  of  their  appurtenances,  together  with  the  Hiid  in- 
<]enture  of  leafe.  To  hold  unto  the  faid  Jbel  Hay,  his 
executors,  adminillrators  and  afligns,  from  thenceforth, 
for  and  during  all  the  reil,  reficlue  and  remainder  of  the 
faid  term  of years,  in  and  by  the  faid  recited  in- 
denture of  leafe  granted,  then  to  come  and  unexpired, 
binder  a  provifo  in  the  faid  indenture  of  mortgage  con- 
tained for  making  void  the  fame,  on  payixient  of  the  Rim 


ASSIGNMENT.  i9S 

of dollars  with  intcrcft,  on  the day  of , 

as  in  and  by  the  faid  recited  indenture  of  afiignmcnt  or 
mortgage,  relation  being  thereunto  had  may  appear  : 
And  whereas  by  one  other  indenture  of  affignment  tri- 
partite, bearing  date  the day  of ,  and  made 

or  mentioned  to  be  made,  between  the  iindJbc/  IIa)\ 
of  the  iirll  part,  the  fliid  Ba'vid  Giles  of  the  fecond 
part,  and  the  faid  Joscp/j  King,  of  the  third  part ;  recit- 
ing that  there  v.  as  then  due  and  owing  to  the  faid  Jbel- 
Hay  for  principal  and  intercil  on  the  laid  recited  mort- 
gage, the  ilini  of ,  and  that  the  faid  Joseph  K'ing> 

had  contra6\ed  and  agreed  with  the  faid  Dai) id  Giles y 
for  the  abfolute  purchafe  of  the  laid  mortgaged  premi- 

fes,  for  the  fum  of dollars,  the  faid  Jciam  Hay,  in 

confideration  of  the  faid  fum  of ,  fo  due  to  him  for 

principal  and  intercil  on  the  faid  mortgage,  to  him  paid 
by  the  faid  Joscpb  King,  by  the  direction  and  appoint- 
ment of  the  faid  DavidGiles^d'id  hereby  grant,  bargain, 
fell,  aflign,  transfer,  and  fet  over,  and  the  faid  Da^id 

Giles,  in  confideration  of  the  further  fum  of do  1- 

lars,  to  him  then  paid  by  the  faid  Joseph  King,  did 
thereby  grant,  bargain,  fell,  aflign,  releafe,  and  confirm 
unto  thcYaid  Joseph  King,  his  executors,  adminiilra- 
tors  and  alfigns,  the  faid  recited  indenture  of  leafe, 
made  and  granted  to  the  faid  Dai^id  Giles,  as  afore- 
faid,  and  the  faid  piece  and  parcel  of  ground,  mefTungc 
or  tenement,  and  all  and  fmgular  other  the  premifes, 
with  the  appurtenances,  in  and  by  the  faid  recited  in- 
denture of  leafe,  demifed  to  the  faid  Daiiid  Giles,  by 
the  faid  IFatt  Tyler,  or  mentioned  or  intended  fo  to  be, 
to  hold  unto  the  faid  Joseph  King,  his  executors,  ad- 
minifl;rators  and  affigns,  from  thenceforth  for  and  dur- 
ing all  the  rell,  relidue,  and  remainder  of  the  faid  term 

of years,  in  and  by  the  faid  recited  indenture  of 

leafe  granted,  then  to  come  and  unexpired,  as  in  and 
by  the  faid  laft  recited  indenture  ofaflignment,  relation 
being  thereunto  had  will  appear.  And  whereas  by  one 


196  A  S  S  I  G  1S[  M  E  N  T. 

other  iiulenture  of  aiTignment  or  mortgage,  bearing 
date  the day  of ,  made  between  the  faid  Jo- 
seph Kim^,  of  the  one  part,  aad  the  faid  John  Jones, 
pat  ly  hereto  of  the  other  part  ;  [^reciting  to  the  effect 
herein  before  recited'^  and  further  recitmg  that  by  one 
bond  or  obHgation  bearing  even  date  herewith,  the. 
faid    Joseph  King   had  become  bound  unto  the  faid 

John  Joncs^    in  the  penal  fum  of dollars,  condi- 

tioiiCd  for  the  payment  of  the  fum  of dollars,   in 

manner  and  at  the  times  therein  meritioned,   the  laid 
Joseph  Kiug^  as  veil  for  the  better  feeuring  and  more 
lure  paymentof  the  faid  fum  of dollars,  accord- 
ing to  the  condition  of  the  faid  bond  or  obligation,  as 
alfo  for  other  the  conditions  therein  m.entioned,   did 
grant,  bargain,  fell,  afiign,    transfer  and  fet  over  unto 
the  faid  John  Jones,  his  executors,   adminillrators  ar.d 
aiiigns,  the  faid  recited  indentures  of  leafe,  -made  and 
granted  to  the  faid  Duuid  Giles  as  afore  faid,  and  the 
laid  piece  or  parcel  of  ground,  melfuage  or  tenement, 
and  ail  and  fnigular  other  the  prcmifes,  with  the  appur- 
tenances, in  and  by  the  faid  recited  indenture  of  leafe 
deihifed  to  the  faid  Dai) id  Giles,  by  the  faid  IP^att  Ty- 
ler, or  meant,   mentioned,  or  intended  fo  to  be  :   To 
hold  unto  the  faid  John  Jones^  his  executors,  admini- 
llrators and  alTigns,  from. thenceforth,  for  and  during 
all  the  rell,  refidue  and  remainder  of  the   faid  term  of 
— — years,  in  and  by  the  faid  recited  indenture  of  leafe 
granted,  then  to  come  and  unexpired,  under  a  provifo 
therein  contained,  for  making  void  the  llmie,  on  pay- 
ment of  the  faid  fum  of dollars,  at  the  time,  and 

in  manner  therein  before  limited  and  appointed,  as  in 
and  by  the  faid  lall  recited  indenture  of  afiignment,  re- 
lation being  thereunto  had  will  appear  :   And  whereas 

the  faid  fum  of  — ^ dollars,  or  any  part  tliereof  was 

not  paid  or  Hitisfied  at  the  time  mentioned  and  appoint- 
ed for  payment  thereof,  whereby  the  eftate  and  in- 
fereft  of  the  faid  John  Jones^  in  and  to  the  faid  mortg^-" 


ASSIGNMENT.  io1 

ged  premifcs  bt-cnme  abfolute  in  law  :  And  whereas 
tiiere  is  now  clue  and  owiiii^  to  thefald  Jo/j/i  Jones,  lor 
principal  and  intereilon  tlie  faid  lecitedbond  aiid  mort- 
gage, to  the  day  of  the  date  of  ihefc  prelects   the  luni 

cl" dollars  :  And  whereas  the  laid  Paui  Poc,  hath 

coiitrac\ed  and  agreed  with  the  laid.y(?ir//Z>  Jun^\^  lor 
ihe  abfolutc  purehale  of  the  laid  niortg-.'.ged  premifes, 

for  all  the  rehout  and  remainderrf  the  faid  teini  oi 

years,  in  and  by  the  laid  rceiled  indenture  of  Icafe 
granted,   now   to  come  and  unexpired  for  the  price  or 

film  of dollars:   Ntnv   this  iiideniiire  witncilcth, 

that  for  and  in  conlidcration  of  tlie  faid  fum  of 

dollars,  to  the  faid  yn/.>n  Jcucs,  in  l\:il  of  all  principal 
money,  and  intcrell  due  to  him  hem  the  LAiX  Joseph 
Kiiig^  on^ich  laid  recited  bond  and  mortgage,  to  him 
in  hand,  well  and  truly  paid  by  tliefaid  Paul  Poe^  by 
and  nith  the  confent,  dire<l-lion,  and  appointment  of  the 
faid  Joseph  Kiiig^  teftiHed  by  his  being  a  j;arty  herc- 
imto,  and  executing  of  thefe  prefents,  at  or  before  the 
i'ealing  and  delivery  hereof,  the  receipt  a\  hereof  the 
^iuOiJphnJones  doth  hereby  aeknoAvledge,  and  thereof, 
an.d  of  and  from  every  part  and  parcel  thereof,  doth, 
clearly  and  abfolutely  aco.uit,  releafe  and  difcharge  the 
laid  Paul  Poe^  his  executors,  adminifirators  and  af- 
figns,  and  every  of  them,  by  thefe  prefents,  he  the 
laid  John  Jones,  by  and  with  the  like  corucnt,  direc- 
tion and  appointment  of  the  faid  Joseph  King,  teftifiecl 
as  aforelaid,  hath  granted,  bargained,  fold,  afhgned, 
transferred,  and  fet  over,  and  by  thefe  prefents  doth 
fully  and  abfolutely  grant,  bargain,  fell,  afiign,  transfer 
and  fet  over  unto  the  faid  Paul  Poe^  his  executors,  ad- 
ininiftrators  and  ailigns,  the  faid  recited  indenture  of 
leafe,  made  and  granted  to  the  faid  Da'uid Giles  as  afore- 
laid, and  the  faid  recited  mdenturesof  alignment  there- 
of, and  the  faid  piece  or  parcel  of  ground,  and  alfo  the 
laid  nielVuage  or  tenement  thereon  erecied  and  built, 
and  all  and  lingular  other  the  preniifes,  "with  the  appur- 


19S  ASSIGNMENT. 

tenanccs,  in  and  by  the  faid  recited  indenture  of  leafe,. 
iknviied  to  tiie  fnid  David  Giles,  by  the  faid  fVatt  ly- 
icr,  or  meant,  aientioned,  or  intended  fo  to  be,  and  all 
Ibe  eilate,  i  igiu,  title,  intereft,  property,  profit,  term  of 
years  now  to  come  and  unexpired,  claim  and  demand 
Ti'hatfoever,  ofhmithe  i<x\(\  John  Jones,  of,  in  and  to 
the  fame,  and  every  part  and  parcel  thereof,  by  force 
and  virtue  of  the  faid  recited  indenture  of  leafc  and  in- 
dentures of  afiignment,  or  otherwife  hovifoever.  To 
liave  and  to  hokl  the  faid  recited  indenture  of  leafe  and 
indentures  of  aiiignment,  piece  or  parcel  of  ground, 
and  meffuage  or  tenement  thereon  built,  and  all  and 
finguiar  other  the  premifes,  with  the  appurtenances 
herein  and  hereby  granted,  bargained,  fold,  affigned, 
transferred,  and  fet  over,  or  meant,  mentioiml,  or  in- 
tended fo  to  be,  unto  the  faid  Paul  Poe,  his  executors, 
adminillrators,  and  afligiTS,  from  the  day  of  the  date  of 
thefe  prefents,  for  aiid  during  all  the  reft,  refidue  and 

remainder  of  die  faid  term  of years,  in  and  by  the 

laid  recited  ijjdeuture  of  leafe  granted,  and  therein  now 
to  come  and  unexpired.  And  the  faid  John  Jones,  for 
himfelf,  his  heirs,  executors  and  adminiftrators,  doth 
covenant,  promife  and  agree,  to  and  with  the  faid  Paul 
Poe,  his  executors,  adminillrators  and  afiigns,  by  thefe 
prefents,  that  he  the  faid  John  Jones,  hath  not  made, 
done,  or  committed,  or  wittingly,  or  willingly  fuffered 
or  caufed,  or  procured  to  be  made,  done,  or  committed 
any  a£l,  matter  or  thing  whatfoever,  whereby  or  by 
reafou  or  means  vi- hereof  the  faid  recited  indenture  of 
leafe,  indentures  of  alTignment,  piece  or  parcel  of 
ground,  melTuage,  or  tenement,  or  any  of  them,  is,  are, 
Jhall  or  may  be  impeached,  charged,  vacated,  or  in- 
cumbered, in  title,  charge,  eftate,  or  otherwife  howfo- 
ever.  And  this  indenture  further  witnefleth,  That  for 
and  in  conlideration  of  the  further  fum  of  — —  dollars, 
to  the  faid  Joseph  King,  in  hand,  alfo  well  and  truly 
paid  by  the  faid  Paul  Poe^   ut  or  before  the  fealing 


ASSIGN  M  E  N  T.  193 

andtlciivery  of  thcfc  prcfcnts,  the  receipt  ^vhcrcof  the 
i'M  Joseph  K'nig,  doth  hereby  acknowledge,  and  there- 
of and  of  every  part  and  parcel  thereof,  doth  clearly 
and  abfolutely  accinit,  releafc,  and  difcharp;e  the  faicl 
Paid  Pot\  his  executors,  adminillrators  and  aiiigns  for 
ever,  by  thefe  prcfents,  v.  hich  faid  fums  of -,  dol- 
lars, ajid dollars,  make  together  the  faid  iiini  of 

dollars,  and  are  in  full  of  the  purchafe  money  a- 

greed  to  be  given  for  the  faid  premiles  by  the  faid  Paul 
Poe  ;  he  the  laid /(^j^/Vj  King,  haih  granted,  bargained, 
fold,  afiigned,   releafcd    and  coniirmed,  and   by  thefe 
prefents  doth  fully  and  abfolutely  grant,  bargain,  fell, 
allifJ-n,  releafe  and  confn  m  unto  the  faid  Paul  Poe,  his. 
executors,  adminillratorsand  aillgns,  the  faid  recited  in- 
denture of  leafe  made  and  granted  to  the  faid  Dax'id 
Giles  as  aforefaid,aijdthe  faidpicce  or  parcel  of  ground, 
and    meliuage    or    tenement   thereon    built,  and    all 
and  fingular   other   the    premifes,  \\\i\\  the   appurte- 
nances in  and  by  die  faid  recited  indenture  of  leafe  de- 
mifed  to  the  faid  Da^oid  Giles  by  the  laid  ry\itt  Tylcr^ 
or  meant,  mentioned,  or  intended  fo  to  be  ;  and  all  the 
eftatc,  right,   title,   intereft,  profit,  property,    term  of 
years  nowtocom.e  and  unexpired,  equity  and  benefit 
of  redemption,  claim  and  demand  whatfoever  of  him 
the  faid    Joseph   King,  both    in  law  and  equity,    or 
otherwife  howfoever,  of,  in,   and  to  the  ll\id  premifes, 
every  or  any  part  or  parcel  thereof,  and  all  deeds,  evi- 
dences and  writings,  touching  and  eoncerninp;  the  faid 
hereby  alligned  premifes,  or  any   part  thereof  now    in 
the  cuftody  or  power  of  the  faid  Joseph  Kin^,  or  any 
other  perfon  or  perfons,  for  his  ufe  or  in  truft  for  him,. 
To  have  and  to  hold  the  laid  recited  indenture  of  leafe, 
piece  or  parcel  of  ground,  mcfluage  or  tenement  there- 
on built,  and  all  and  Angular  other  the  premifes,  with 
the  aj^purtenances  hereinbefore  mentioned,  or  intended 
to  be  hereby  granted,  bargained,  fold,  afiigned,  relcaf- 
€d  and  confirmed,  and  every  part  and  parcel  thereof, 


200  ASSIGNMENT. 

unto  the  fliid  Paul  Poe,  his  executors,  aclmlnirLrators 
and  aiiigns,  from  henceforth  for  and  during  all  the  rcil, 

refidue,  and  remainder  of  the  fakl  term  of —  years, 

in  and  by  the  faid  recited  indenture  of  leafe  granted, 
now  to  come  and  unexpired.  And  the  faid  Jo.ieph 
ICingy  for  himfelf,  his  heirs,  executors  and  adminillra- 
tors,  doth  covenant,  promife  and  a!J:ree,  to  and  with  the 
idid  PauiPoe,  his  executors,  adminiRrators  and  afligns, 
by  thefe  prefcnts  in  manner  following,  that  is  to  lity  : 
That  the  faid  recited  indenture  of  leafe  made  and  grant- 
ed to  the  faid  Divuid  Giles  as  aforefaid,  at  the  time  of 
the  fealing  and  delivery  of  thefe  prefents  is  good  and 
effe^lual  and  valid  in  the  law,  of  and  for  the  premifes 
thereby  demifed,  and  that  the  fame  and  the  term  of 
years  thei-eby  leafed  are  now  in  being,  and  in  no  wife 
forfeited,  furrendered,  incumbered,  or  become  void  or 
\'oidable  ;  and  that  they  the  faid  John  Joiies  and  Joseph 
King  have,  or  one  of  them  hath,  in  themfelves  or  him- 
felf good  right,  full  povv-er,  true  title,  and  lawful  and 
abfolute  authority  to  grant,  bargain,  fell,  alTign,  trans- 
fer and  fet  over  the  premifes  meant  or  intended  to  be 
hereby  alfigned,  \vith  their  and  every  of  their  appurte- 
nances unto  the  faid  Paul  Voe^  his'executors,  admini- 
llrators  and  afligns,  in  manner  and  form  aforefaid  :  And 
that  he  the  faid  Paul  Voe^  his  executors, adminiftrators 
or  alTigns,  (hall,  or  lav*'fully  may, from  time  to  time, and 
at  all  times  hereafter,  for  and  during  all  the  refidue  and 

remainder  of  the  faid  term  of years,  in  and  by  the 

faid  recited  indenture  of  leafe  granted,  yet  to  come  and 
unexpired,  peaceably  and  quietly  have,  hold,  ufe,  oc- 
cupy, poflefs  and  enjoy  all  and  lingular  the  premifes 
hereby  granted  and  afligned  or  meant,  mentioned  or 
intended  fo  to  be,  and  every  part  or  parcel  thereof,  with 
their  and  every  of  their  appurtenances,  without  any 
let,  fuit,  trouble,  denial,  evi6lion,  eje6\ioR,  or  interrup- 
tion, of  or  by  them  the  faid  John  Jones  and  Joseph 
Eing^  or  either  of  them,  their  or  either  of  tlitir  execu- 


ASSIGNMENT.  201 

tors,  cidininiflrators  or  arngns,  or  of  or  by  any  other 
fjtrfoii  t)r  pcrionh)  whomlbevcr,  and  that  free  and  clear, 
and  irtely  and  clearly  acquitted  and  difchargcd,  or 
otheruiic  well  and  lliflicicntly  faved,  kept  harmlelb,  and 
indemnified  of,  and  troni  all  and  ail  manner  of  former 
and  other  gifts,  grants,  bargains,  fales,  leafes,  atiign- 
ments,mori;:^'.iges,farrenders, re- entries,  judgments, ex- 
ccutions, extents, ftatuLes  and  rec(jgiuzances,and  of,ancl 
from  all  other  ellates,  titles,  troubles,  charges  and  in- 
cumbrances whatfoever,  had,  made,  committed,  done, 
or  wittingly  or  willingly  fufi'ered,  or  to  be  had,  made> 
committed,  done  or  fu  fie  red  by  the  faid  John  Jones 
and  Joseph  Jung,  or  either  of  them,  their  or  either  of 
their  executors,  adminiftrators  or  afligns,  or  by  or  w  itU 
their,  any  or  either  of  their  privity,  confent,  or  pro- 
curement, or  by  aiiy  other  perfon  or  perfons  whatfoe- 
ver (exceptone indenture  of  leafe  bearing  date  the  — — ♦ 

day  of ,  whereby  the  faid  Joseph  Kiiig\  demifcdto 

Titus  Dull,  of ,  his  executors,  adminiftrators  and 

afligns,  the  aforefaid  meifucige  or  tenement,  known  by 
the  si<^n  of  the  Black  Horse,  part  of  the  premifes  here- 
by affigned,  from  the/?  rj^  d-dyofJpril,  then  lafl,  forthe 
term  of  tivehe  years,  at  and  under  the  yearly  rent  of 
two  hundred  dollars,  payable  (juarterly ;  which  faid 
rent  of  tivo  hundred  dollars  is  from  heaceforth  to  be 
paid  to  the  faid  Paul  Poe^  his  executors,  adminiflratora 
or  affigns  :)  And  further,  that  he  the  faid  Joseph  King^ 
his  executors,  adminiflrators  and  all  and  every  other 
perfon  or  perfons  lawfully  claiming  or  to  claim  the 
premifes,  by,  from  or  under  him,  them,  or  any  of  them, 
except  as  aforefaid,  lliall  and  will  from  time  to  time, 
and  at  all  times  hereafter,  during  the  remainder  of  thg 

faid  term  of  years  now  to  come  and  unexpired, 

at  the  requefl,  cofls,  and  charges  in  the  law,  of  the  Hiid 
Paul  Poe,  his  executors,  adminiftrators,  and  affigns, 
make,  do  and  execute,  or  caufc  and  procure  to  be  made, 
4pne  and  executed,  all  and  every  fuch  further  and  othci; 

t  26  J  - 


2b5  A  S  S  I  G  N  INI  E  N  T. 

](a'>vfal  and  reafonable  act  and  afts,  thing  and  thing's, 
deeds,  conveyances,  afllgnments,  and  alTurances  in  the 
law  whatlbever,  for  the  further,  better,  more  perfect, 
and  abibhitc  conveyhig,  aingning,  and  afiuring  the  faid 
hereby  afiigncd  premifes,  unto  the  faid  Paul  Poe^  his 
executors,  adminiftrators  and  alTigns,  for  all  the  reft, 

rciidue,  and  remainder  of  the  Aiid  term  of ,  which 

lliall  be  then  to  come  and  unexpired,  as  by  the  faid 
Paul  PoCy  his  executors,  adminiftrators,  or  affigns,  or 
his  or  their  counfel  learned  in  the  law,  fliall  be  reafona- 
blyadvifed,dev-ifed  or  required:  And  laftly,  the  faid 
PautPoe,  for  himfelf,  his  executors,  adminiftrators  and 
aiiigns,  doth  covenant,  promife  and  grant,  to  and  with 
the  faid  Joseph  King,  his  executors  and  adminiftra- 
tors, that  he  the  faid  Paul  Poe,  his  executors,  admini- 
llrators,  or  afiigns,  feme  or  one  of  them,  fliall  and  wiU 
from  time  to  time;  from  henceforth,  for  and  during  the 
remainder  of  the  faid  term  of— —  years,  now  to  come 
and  unexpired,  well  and  truly  pay  the  ftiid  yearly  rent 
of  two  hundred  dollars,  at  the  times  and  in  fuch  man- 
ner as  in  and  by  the  faid  recited  indenture  of  leafe,  the 
fame  is  referved,  and  which  fliall  from  henceforth  grow- 
due,  and  perform  all  and  every  the  covenants  contained 
in  the  faid  recited  indenture  of  leafe,  which  on  the  ten- 
ant's or  lelTee's  part  or  behalf,  from  henceforth  are  or 
ought  to  be  kept  and  performed,  and  alfo  fliall  and  w  ill 
from  time  to  time  and  at  all  times  hereafter,  fave,  de- 
fend, keep  harmlefs  and  indemnified,  the  faid  Joseph 
King,  his  executors  and  adminiftrators,  of  and  from 
all  cofts,  charges,  fuits,  damages,  and  expenfes  what- 
foever,  which  he  or  they  fliall  or  may  bear,  pay  or  fuf- 
tain,  for,  or  by  reafon  or  means  of  the  non-payment  of 
the  ftiid  yearly  rent  or  fum  of  two  hundred  dollars, 
which  from  henceforth  fliall  become  due  and  payable, 
or  any  future  non-performance  of  any  of  the  covenants 
in  the  faid  recited  indenture  of  leafe  contained.  In  wit- 
Hcfs,  £'.Q. 


ASSIGNMENT.  20^ 

Of  the  benefit  of  purchased  Articles, 

This  indenture  made  the day  of ,  between 

fValtar  Rex,  of ,  of  the  one  part,  and   Tbomns 

Leach,  of ,  of  the  other  part.  Whereas  ia  ar- 
ticles of  agreement  bearint^  date  the  day  next  before 
tlie  day  of  the  date  of  thefe  prelents,  and  made  between 
the  fiiid  JFaltar  Rex  of  the  one  part,  and  John  Fen  of 

,  and  Kitty  Fen,  of ,  m  idow,   mother  of  the 

iiUiXJohn  Fen,  of  the  other  part,  and  in  and  by  an  in- 
dorfement  written  on  the  fame,  feveral  covenants  and 
iis^reements,  matters  and  things,  are  contained  touch- 
ing the  valuation  of,  and  paying  for  feveral  trees  there- 
in mentioned  to  be  valued  and  paid  for,  as  therein  ia 
mentioned,  and  for  the  true  performance  of  fuch  cove- 
nants and  agreements  contained  in  the  faid  articles 
which  on  the  part  and  behalf  of  the  faid  TFaltar  Rex, 
his  executors,  adminiftrators  and  affigns  ought  to  be 
performed  ;  he  the  faid  JFaltar  Rex,  hath  obliged 
iiimfelf,  his  heirs,  executors  and  adrniniftrators,  unto 
the  faid  John  Fen  and  Kitty  Fen,  their  and  each  of 
their  heirs,  executors  and  adrniniftrators,  in  the  penal 

J\im  of dollars,  and  for  the  true  performance  of 

inch  of  the  covenants  and  agreements  contained  in  the 
iaid  articles,  which  on  the  part  and  behalf  and  parts  and 
behalfsofthefaid./c//f7;z  7'>;z  and  Kitty  Fen,  their  and 
each  of  their  heirs,  executors,  adrniniftrators  and  al- 
figns,  ought  to  be  performed,  the  {i\\(\John  Fen,  hath 
obliged  himfelf,  his  heirs,  executors,  adrniniftrators 
and'afiigns,  and  the  faid  Kitty  Fen,  hath  obliged  her- 
felf,her  heirs,  executors,  adrniniftrators  and  afligns,  un- 
to the  laid  JFaltar  Rex,  in  the  penal  fum  of dol- 
lars. Now  this  indenture  witnefleth.  That  the  ftiid 
JFaltar  Rex,  doth  hereby  acknowledge  and  declare, 
that  at  the  time  of  his  executing  he  faid  articles, 
it  was  intended  that  the  faid  Thomas  Leach,  his  heirs, 
executors^  adrniniftrators  and  afllgns,  ihould  have  all 


204  '     ASSIGNMENT. 

the  advantage  that  might  arife  thereby,  and  therefore 
he  the  faid  IValtar  Rcx^  in  conlideravion  oF  the  funi 
of  o«(?  dollar,  the  receipt  whereof  is  hereby  acknow- 
ledged, hath,  as  far  as  in  him  lies,  bargained,  fold,  af- 
figned  and  fci  over,  and  by  tliLfc  prefdits  doth,  as  far 
as  in  him  hes,  bargain,  fell,  aiiign  and  fet  over  unto 
the  faid  Thomas  Leach ^  his  heirs,  executors  and  ad- 
miniiUators,  to  and  for  his  and  their  own  ufe  and  bene- 
fit L  All  fuch  benefit,  profit  and  advantage  which  he  the 
faid  IValiar  Rex^  his  heirs,  executors  and  adminiflia- 
tors,  can  or  may  have  or  claim  by  reafon  or  means  of 
the  faid  articles  and  indorfement,  or  any  covenants,  a- 
gretments,  matters  or  things  therein  contained  :  And 
for  the  better  enabling  him  the  faid  Thomas  Leach,  his 
heirs,  executors  and  adminiftrators,  to  receive  and  take 
the  benefit,  profit  and  advantage  hereby  afligned,  or 
mentioned  and  intended  to  be  afhgned,  he  the  faid 
Waltar  Rex^  doth  hereby  conflitute,  authorife  and  ap- 
point die  faid  Thomas  Leach,  his  heirs,  executors  and 
adminiflrators,  his  true  and  lawful  attorney  and 
attornies,  to  commence  any  aclion  or  alliens,  fuit  or 
fuits,  to  compel  the  pet  formance  of  all  deeds,  cove^ 
nants,  agreements,  matters  or  things  contained  in  the 
faid  articles  or  indorfements,  which  on  the  part  and 
behalf,  parts  and  behalfs  of  the  faid  Johji  Fen  and  Kitty 
Fen,  or  either  of  them,  their  or  either  of  their  heirs, 
executors  or  adminiftrators,  ought  to  be  performed. 
And  this  indenture  further  witnefTeth,  t}>at  in  conlide- 
ration  of  the  affignment  ther(  by  made,  and  of  the  pow- 
ers hereby  given  to  the  faid  Thomas  Leach,  his  heirs, 
executors  and  adminiftrators,  he  the  faid  Thomas 
Leach,  for  himfeif,  his  heirs,  executors  and  admini- 
ftrators, doth  covenant,  promife  and  agree  to  and  with 
the  faid  IValtar  Rex^  that  he  the  laid  Thomas  Leach^ 
his  heirs,  executors,  adminiflrators  and  affigns,  fliall 
and  will  from  time  to  time,  and  at  all  times,  fave,  de- 
lend  and  keep  Ixarnilel^  and  indejimificd  the  laid  JValff 


ASSIGN  M  E  N  T.  205 

tar  Rex^  his  heirs,  executors  and  admlniftrntors,  and 
his  and  thtir  h.iids,  tenements,  and  hercdiiurnei  .  of, 
from,  andagainil  all  liich  colls,  charji^es,  di-iv.  .iid 

cxpenies,  which  he  the  faid  JValtiir  licx^  h;  , 
cciUors  and  admir.illrators,  or  his,  their^  or  a:.;.  Ci  u.-ir 
lands,  tenements  or  heredltamentb,  ihall  ca   ii-iybLiir, 
fullain,  or  be  put  unto  for  or  by  reaf'!'  ;  s  of  his, 

the  faid  7/1:/; jr  i;t.v,  executing  the  ij.a.aiiic.cs  and 
ligning  the  faid  indorfement,  or  for  or  by  rcafon  or 
means  of  any  covenant,  ap;reement,  iiia'.cer  or  thing' 
therein  contained,  or  ibr  or  bv  reafon  or  means  of  any 
aC\ion  or  aclions,  fuit  oi-  fuits  to  be  commenced  or  pro- 
fecuted  by  virtue  of  any  power  or  auiiu)rity  thereby 
giveii  or  granted  by  the  faid  ll\dtar  Rex,  In  \\  it- 
ncfs,  &.C. 


Transfer  of  Shares  in  a  Company . 

For  value  received,  1  JMartin  jSIiles^  of ,  affgn 

the  whole  of  my  right,  title  and  intereil  of,  in  and  to 
ti\)0  Ihares  in  the  corporation  of  The  picOdcnt,  mana- 
gers and  company  of  the  Schuyikill  and  Suf(iuehannah 
naviijation  ;  [or.  The  president^  mnnogcrs  and  covipa- 
vy  nf  the  Delaware  and  Schuylk'iU  can  :l  nai}ii^afion,'] 

to  Jobn  !\f-Mu//en,   of ,  and  cordUfute  him,  his 

adiijrnsand  fublUtiites.mv  attornev&.attornies.with  full 
power  to  receive  in  his  or  their  name  or  names  certi- 
ficates for  thefiid  fliares,  hereby  obliging  myl'elf  athis 
or  their  requellto  do  all  neceffary  matters  and  things 
for  the  more  effectually  transferring  the  faid  ihares  to 

h'lxn  oi-  thcpi.      vVit^e^^;  my  l^and  and  feal,  this   

day  of Anno  Domini . 


Acknowledged  before  me,' notary  public  for  the  com- 

aion wealth  of  Peunsyhafihr  tl^is day  r.  , 

fc.i'i  Doe. 


1^ 


206  A  W  A  R  D. 

CfSbarcs  of  Stcck. 

^  FofA'alne  received,!  Simon  /S'/i??7,nftmcd  in  x\\&tivcn- 
^v-/('y;//'CtTtilica^Cb hereto  annexed, which  are  numbered 

tis  foilous,  viz.  No  _,  and  No.  ,  a'iign  the  fharesof 

^ock  theiein  mt-ntioned,  to  Ch^'rles  Moony,  of — ,  and 
coniiitute  him,  his  aiiigns  and  I'abliiturcs,  my  attorney 
and  attoi'.ies,  with  full  power  to  receive,  in  hi.s  or  their 
name  or  names,  certificates  for  the  faid  fnarts  ;  hereby 
ob!i;i;ini:i:  niyfelf,  my  heirs  and  executors,  at  the  recjuell 
of  th'e  Add  Charles  Moo7iy,  or  his  aiiigns  and  fubllitutes, 
to  do  all  necelfary  matters  and  things  for  the  more  ef- 
feaually  transferring  the  faid  fliares  to  him  or  them. 
Witnefs,  &c. 

Acknowledged,  he.  as  in  the  preceding. 


*  The  stock  sho^kl  bo  annexed  and  sewed  through  this    place 
bv  a  ribbon,  aiul  the  notaiial  seal  iniprebscd  on  it. 


4  Reference.-^ An  appointment  of  an  Umpire  by  the 
Rfcrecs—and  an    Award  by  that  UmpUe, 

^'  The  Reference. 

To  all  to  whom  tbefe  prefents  fliall   come,  George 

Graham,  oi- ,  and   Joseph  Jones,   of ,   clerk y 

adminiftratorofthe  goods,  chattels,  rights  and  credits 

oi  Thomas  Jones,  late  of ,  deceafed,  fend  greeting  : 

Whereas  bv  articles  of  cp-partnerfliip  bearing  date  on 
or  about  the day  of  --^— ,  which  was  in  the  year 


A  W  A  R  D.  20T 

of  our  Lord  • -,  and  made, or  mentioned  to  1;C  made, 

between  the  laid  Thojuas  Jones  oi"  the  tirll  part ;  the 
laid  (horgcGrabani,  ot  the  fecond  part ;    and  Charles 

Jones,  ol" ekleli:  ion  of  the  laid  Thomas  Joms,  of 

the  third  part :  it  is  witneiled,  tluit  lor  tiie  eonlldera- 
tions  tliertin  mentioned,  they  the  fuid  parties  thereto 
dici  ix-eome,  -c-'X  ./.rec  >  eoniinue  pattneis  and'joir;t 
traders  lo.Leii  <- -,  •■  '■.-  -''.  trade,  m}llerv,  oi  buh;  tfs 
of  an  aputbcca.yy  irom  tiie  day  of  the  daie  thereol'  for 
and  dunny;  tlieir  ji^'.it  lives,  ait'j  'die  joint  lives  of  the 
two  of  the  laid  three  w'aieli  ihouid  liapjen  lo  larvive  i 

And  that  fioni  i;ri(i  iii'ier  the day  of ,  ^\hich 

ihould  be  in  tl.e  yeai  of  onr  Lord  •  — ,  thty  tl^e  faicl 
parties  fliouici  caeh  ol'tiKn\  iuive  a  fevcial  lii^l't.  ii.te- 
reil  and  propc  rty  in  ai  ci  to  ore  luil  third  poit  ef  the 
lloek  and  utti)l".,s  in  ttiiCc.  wl/'xh  fiiould  belong  to  the 
faid  partnerfliip,  and  in  and  to  the  incrtafe  and  iraiii 
tliat  ihould  grow  or  ariie  by  '.he  mear.s  of  the  faid  joint 
trade  :  And  it  was  h\  the  fan)e  artieles,  amongft  od  er 
things,  declared  and  agreed  by  and  betv  een  the  laid 
parties  thereto,  that  when  and  lb  often  iis  any  cor  trover- 
fv,  difierence,  or  quellion,  fliould  ha^jpen  or  arife  be- 
tween tlie  iaid  parlies,  tlnir  executors,  adminilbalors 
oralligns,  or  any  of  tl^.em,  touching  or  corccrning  the 
faid  partneifliip  or  the  joint  iloek  or  trade  thereof,  or  in 
refpecl  of  any  matter  or  thing  r.ot  dicrcl\v  fully  deter- 
mined, fet  down,  explained  or  declared;  then  and  \\\ 
every  fuch  cafe  before  any  fuit  in  law  or  equity  flioukl 
be  commenced,  each  of  the  laid  pai  ties  aiid  his  execu- 
tors, adminiftrators  and  afligns,  Ihould  refer  the  con- 
fideration  of  every  fuch  eontrcveify,  diftereiice  anci. 
quellion,  to  two  dilcreet  and  indifferent  j^erfons,  to  be 
named  and  appointed  by  the  parties  fo  contending,  ^\  ho, 
fliould  hear  and  determine  the  feme  ;  and  in  dt  fault  of 
tlieir  determination  and  aA\ard  il-erein,  lliould  have 
])Owe>f  to  eledl  and  make  choice  of  a  third  pcifon  for 
imipirc,  who  alone  ihoukl  hear  and  determine  fuch  coa^ 


50B  A  W  A  R  D. 

troverfy,  difference  and  qiieftion  ;  and  whatever  awartl 
touching  or  concerning  fuch  controverfy,  diuerence, 
andqueilioii  fnouid  be  made  and  delivered,  or  given  up 
in  writing,  ir.dented,  under  tiie  hands  and  feals  of  facii 
arbitraiorb  within  fc^icnty  days  next  after  their  ele^\ion, 
or  under  the  hand  and  feal  of  fuch  umpir<i  within  teii 
days  next  afier  his  eleclion,  each  of  the  feveral  parties 
thereto,  and  his  and  their  executors  and  adminilbators 
refpeclively,  faould  w-eil  and  truly  abide  by,  Hand  to, 
keep,  accomplifii,  perform,  and  fulfil,  without  any 
trouble  w  hatfoever,  as  in  and  by  the  faid  in  part  recit- 
ed articles,  relation  being  thereto  had,  may  appear. 
And  whereas  the  faid    Charles  Jones,  departed  this 

life,  intellate,  on  or  about  the day  of—,  which 

was  in  tl.e  year  of  our  Lord ,  but  no  letters    of 

adminiftralion  have  yet  been  granted  of  his  eftate  and 
efre6ls  :  And  whereas  the  faid  Thomas  Jones,  alfo  de- 
parted this  life  on  or  about  the day  of ,  which 

was  in  the  faid  year ,  having  duly  made  and  pub- 

lifbedhis  luit  will  and  teilament  in  writing,  with  a  co- 
clicil  thereto,  and  appointed  his  wife  Hcnr'ietta  Jones^ 
foleexecntrix  thereof,  who  dying  in  the  life  time  of 
the  faid  Thos.  Ji?;2£'5,adminiiLration  of  his  cfiate  and  ef- 
fe6ls,.with  his  will  &  codicil  annexed,'hath  been  duly 

granted  by  the  rcgiller  of county,  to  hisfon  the 

faid  Joseph  Jones  :  And  whereas  differences  have  a- 
rifen  betv^'cen  the  faid  George  Graham,  "and  tlie  faid 
Joseph  Jones,  as  adminiilrator  of  the  faid  Thomas  Jones 

as  aforefaid,  with  regard  to  a  demand  of dollars, 

made  by  the  faid  George  Graham,  for  the  charge  and 

cxpenfe  of  his  keeping  sundry  horses  feveral  years  be- 

'tifore  the  deceafe  of  the"  faid  Charles  Jones,  in  order  to 

perform  the  faid  co-partneril:iip  bufinefs  ;  and  likewife, 

as  to  a  demand  of dollars,  made  by  the  faid  George 

Graham,  for  the  expenfeofhis  keeping  sundry  horses 
after  the  deceafe  of  the   faid  Charles  Jones,  to  the 


A  W  A  R  D.  209 

flcarii  of  the  faid77Joy.  Jones*.  Now  therefore  know  ye, 
that  wc  the  {diiXGcor^c  Graham  2lV\(\  Joseph  J  ones  M\x\-& 
nominated  and  appointed,  and  by  thelcprclcnts  do  no- 
minate and  appoint  Henry  Higs^  ot ,  and  Mat- 
thew Maine,  of ,  tw  o  dilcreet  and  indifferent  per- 

fons  to  be  arbitrators  between  us,  to  whom  we. refer 
the  coufideration  of  the  faid  difttrences,  to  hear  and 
determine  the  fame.     In  witnefs,  &c. 


The  Election   of  an  Umpire. 

To  all  to  whom  thefe  prcfents  fliall  come,  we  Henry 

Higs^  of ,   and  Matthew  Maine,  of ,  fend 

greeting  :  Whereas  [^here  were  inserted  the  same  re- 
citals as  in  the  Reference  as  far  as^^  when  the  present 
deed  proceeded  as  follow  s~\,  which  faid  differences  were 
referred  by  the  faid  George  Graham  and  Joseph  Jones, 
to  the  conlideration  of  us  the  {a\(\ Henry  Higs  and  ]\Iat- 
thew  Maine,  to  hear  and  determine  the  fame,  and  we 
not  being  able  to  compromife  and  determine  fuch  dif- 
ferences,havetherefore  elected  and  made  choice  of,ancl 
by  thefe  prefents  do  ele6l  and  make  choice  of  Thomas. 

T'rueman,  of ,  for  umpire,   to  hear  and  determine 

the  faid  differences  between  the  faid  George  Graham 
and  Joseph  Jones,     In  witnefs,  &c. 


The  Award." 

To  all  to  \vhom  thefe  prefents  fliall  come,   Thomas 

Trueman,   of ,    apothecary^    fendeth  greeting  : 

Whereas  \jDere  were  inserted  the  same  recitals  as  in 
thejirst  decd'\.  And  whereas  differences  have  arifeii 
between  the  laid  George  Graham  and  the  faid  Joseph 
Jones^  as  adminillrator  of  the  faid  Thomas  Jones,  as 
aforefaid,  with  regard  to  a  demand  oitvjo  hundred  ^oU 

[27] 


210  A  W  A  R  D. 

lars,  made  by  t]ic  Jaid  George  Grabajn,  for  tlic  eliarge 
and  expenle  of  his  keeping  sundry  horses^  feveral  years 
before  the  deceafe  of  the  faid  Charles  J  ones ,  in  order 
to  perform  the  laid  co-partnerfliip  bidinefs  ;  and  likc- 
^vife  as  to  a  demand  o^  forty  dollars  made  by  the  faid 
George  Graham^  for  the  expenfe  of  his  keeping  sundry- 
horses  after  the  dccenfe  of  the  faid  Charles  Jones ^  to- 
the  death  of  the  faid  Thomas  Jones ^  which  faid  differ- 
ences have  been  referred  by  the  faid  George  Graham 
and  Joseph  J  ones  ^  to  the  confideration  ol  Henry  Higs^ 

cf ,  and  Mat the^c: Maine ^  of ,  two  di-fcreet  and 

indifferent  perfons  named  and  appointed  by  the  faid 
George  Graham  and  Joseph  Jones^  to  determine  the 
iiime  :  And  whereas  the  faid  two  arbitrators  not  being 
able  to  compromife  and  determine  the  faid  differences. 

did,  on  the day  of ,  ele6\  and  make  choice 

of  me  the  laid  Thomas  Trueraan^  for  umpire  to  hear 
5ind  determine  the  fame  :  Now  therefore  know  ye,  that 
3  the  laid  Thomas  Trueman^  having  fully  confidered  all 
matters  relating  to  the  premifes,  do  by  this  my  award, 
and  umpirage,  aivard,  order,  decree  and  adjudge,  that 
the  faid  George  Graham^  his  executors,  adminiftrators 
or  afligns,  flTall  be  paid  and  allowed  the  fum  of  one 
hundred  and  sixty  dollars,  by  and  out  of  the  eftatc  and 
cffe^ls  in  co-partnerfiiip  between  the  faid  Thomas 
Jones  ^  George  Graham^  and  Charles  J  ones  ^  at  the  time 
of  the  deceafe  o^ the  faid  Charles  Jones ^  in  full  payment, 
fatisfac\ion  and  difcharge  of  and  for  all  monies,  debts, 
and  demands  due  or  ovv'ing  unto  the  faid  George  Gra- 
ham, by  the  fiid  partners  in  co-partnerfliip,  in  refpect 
©f  his  being  at  the  expenfe  cf  providing  and  keeping 
sundry  horses^  to  attend  the  faid  co-partnerfliip  bufi- 
3iefs  previous  to  the  deceafe  of  the  faid  Charles  Jones  - 
And  I  do  hereby  award,  order,  decree  and  adjudge, 
that  the  faid  George  Graham^  his  executors,  admini- 
ilrators  or  affigns,  fliall  likewife  be  paid  and  allowed 
the  fwLip.  oi forty  dollars,  by  and  out  of  the.  eilate  and  ef- 


,      A  W  A  R  B.  211. 

Jects  inco-partnerfhip,  I;ct\vccn  him  and  the  faid  Tho- 
9>ias  Jonesy  at  the  tinic  ci"  the  dcceale  oi"  the  iaul  'J'/jo- 
4iias  Junes,  in  iull  pa}iuent,  latisfaction,  and  dilcharge, 
of  and  lor  all  monies,  debts,  and  demands,  due  or  ow- 
ing to  the  laid  Gcor:(C  Grabam.,  in  relpeCl  oi  his  being 
iit  tlie  expenle  of  pros  idint^  and  keeping  sundry  hgrses^ 
to  attend  the  faid  eo-partnerihip  buiinefs,  from  the  de- 
-ceafe  of  the  faid  Charles  Jones,  until  the  death  of  the 
laid  Thomas  Junes,     In  witncfs,  ^c. 


By  three  Arbitrators. 

To  ail  to  whom  this  prefcnt  writing  of  award  indent ' 
cd  Ihall  come,  ^\■e  Abel  Bell,  Caleb  Doe,  and  Enoch 
Fey,  fend  greeting  :  Whereas  divers  controverfies  and 
debates  have  been,  and  yet  are  depending  between 
inks  Hone  and  Innis  Key,  for  the  appcafing  and  deter- 
mining wheieof,  the  faid  parties  have  fubmitted  them- 
Jelves,  and  are  become- bound,  each  to  the  other,  by 

their  feveral  ol:)ligations,  bearing  date  the day  of 

,  in  the  fiim  of ,  widi  conditions  thereunder 

written  for  the  performance  of  the  award,  arbitrament, 
determination  and  judgment  of  us,  the  faid  Abel  Belly 
Caleb  Dqc  and  Enoch  Eey,  arbitrators  indifferently 
ele<S\ed  and  chofen,  as  well  on  the  part  and  behalf  of  the 
(aid  Giles  lione,  as  on  the  part  and  behalf  of  the  faid 
Innis  Key,  to  award,  arbitrate,  determine  and  judge, 
of  and  concerning  all  and  all  manner  of  actions,  fuits, 
judgments,  executions,  accounts,  quarrels,  controver- 
lies,  treipalfes,  dainajies  and  demands  whaUbcver,  had, 
made,  moved,  commenced  or  depending  between  the 
laid  Giles  Hone  and  Innis  Key,  fo  as  the  faid  award, 
deienninution  and  judgment  of  us  the  faid  Abel  Belly 
Caleb  Doe,  and  Enoch  Fey,  of  and  concerning  the  prc-j 
jnifes,   be  made   and  put   in  writing,  under  our  hands 


212  AWARD. 

and  feals,  on  or  before  the day  of ,  as  by  the 

faid  obligations  and  conditions  thereof  doth  more  fully 
appear.  Now  know  ye,  that  we  the  faid  Abel  Bell^ 
Caleb  Doc  and  Enoch  Fey,  arbitrators  as  aforefaid, 
taking  upon  us  the  charge  and  burden  of  the  faid  award 
and  arbiirament,  and  having  heard  and  undeiftood  the 
fayings  and  allegations  of  both  parties,  concerning  the 
premifes,  and  beuig  minded  to  fettle  unity  and  fritnd- 
Ihip  between  them  concerning  the  fame,  do  thereupon 
'make  and  put  in  writing  this  our  award,  arbitration 
and  judgment  between  the  faid  parties,  for  and  concern- 
ing the  premifes,  in  manner  and  form  following,  that 
is  to  fay  :  Firft,  we  do  award,  arbitrate  and  determine 
by  theie  prefents,  that  the  faid  Giles  Hone,  his  heirs, 
executors,  or  adminillrators,  do  and  fnall  pay,  or  caufe 
to  be  paid  unto  the  faid  Inn'is  Key,  the  fum  of  — — 
dollars,  and  that  upon  payment  thereof,  each  of  them 
the  faid  Giles  Hone  and  Innu  Key,  fhall  feal  and  fub- 
fcri!)e,  and  as  his  feveral  aft  and  deed  deliver  unto  the 
other  of  them,  a  general  releale  in  writing  of  all  mat- 
ters, anions,  iiiits,  caufe  and  caufes  of  a6\ion,  bonds, 
bills,  covenants,  controverfies  and  demands  whatfoever, 
either  of  them  hath,  may,  might,  or  in  any  wife  ought 
to  have,  againll  the  other  of  them,  by  reafon  of  the 
matters  aforefaid,  or  by  reafon  or  means  of  any  matter, 
caufe  or  thing  whatfoever,  from  the  beginning  of  the 
M'orld,  unto  the  day  of  the  date  of  the  faid  obligation  : 
And  for  the  better  atteflation  and  confirmation  of  this 
award,  we  the  faid  arbitrators,  have  hereunto  fet  our 
hands  and  feals,  the day  of ,  in  they  ear . 


By  Indorsement'. 

We  Abel  Bon,  and  Caleb  Doe,  two  of  the  arbitra- 
tors within  named,  having  taken  upon  us  the  burden 
of  the  v/ithin  arbitrament,  heard  the  allegations  of  the 


AWARD.  2l( 

parties,  and  deliberately  confidered  thereof,  do  make 
this  our  award  upon  and  concerning  all  and  lingular 
the  matters  and  things  to  us  referred,  in  manner  iol- 
lowing,  viz.  Firft,  we  do  award  and  order,  that  the 
within  boundcn  Enoch  Frcy,  Ihall  and  do,  on  or  before 

the day  of next,  by  fuch  deed  or  deeds  as 

the  witliin  named  Giles  Hall^  his  heirs  or  afiigns,  or 
his  or  their  counfcl,  ihall  advife,  a\  ell  and  fufficiently 
grant,  convey  and  alfure  unto  the  Hiid  Giles  Hally  his 
heirs  and    afiigns,   forever,   a  certain    meffuage,    and 

piece  of  ground,  htuate  in .      And  that  upon  the 

execution  of  the  faid  conveyance,  the  fuid  GiUs  Hally 
fliall  pay  or  caufe  to  be  paid  unto  the  faid  Enoch  E'rey^ 
the  funi  of dollars,  and  ihall  alfo  give  fecuriiv  by- 
bonds  and  mortgage  of  the  premifes,  (if  required)  for 
the  payment  of  the  fum  of dollars,  in  manner  fol- 
lowing, to  wit,  &c.  And  lallly,  we  award,  that  all  con- 
troverlies  fliall  ceafe  bet^^  ecn  the  parties,  and  that  each 
of  them  ihall  fcal  and  execute  a  general  relcafe,  in 
>r\  riting,  unto  the  other  of  them,  of  all  a6lions,  fuits 
and  demands,  to  the  day  of  the  date  of  the  within  obli- 
gation.    In  witnefs,  &.c. 


By  an  Umpire, 

To  all  lo  whom  this  prefent  uriting  of  award  indent- 
ed lliall  come,  I,  Abel  B'lon^  of ,   fend   greeting  : 

Whereas  \rccitc  the  bond'].  And  whereas  the  faid  ar- 
bitrators did  not  make  any  award  in  the  premifes,  v  ith- 
in  the  time  for  that  purpofe  limited  as  aforefaid  ;    but 

by  w  riting  under  their   hands,    dated  the day  of 

now  lall  pall,  did  agree,  that  I,  the  faid  AhelBion^ 

(hould  be  the  umpire  concerning  the  lame.  Now^  8^c. 


214  A  W  A  R  D. 

Upon  a  Rule  of  Reference  ?nade  at  theTrlalof  a  Cause* 
Whereas  at    n    court   of ,   held    at  , 


tDii  the day  of ,  a  caiifc  came   on  then  to   be 

tried, wherein  Rion  Fox  of was  plalntill",and/F/6//(? 

tinman  oi — ,  defendant,  and  on  fuch  trial, by  confent 
of  both  parties,  their  counfel  and  attornies,  an  order  or 
rule  was  then  made,  that  the  faid  caufe,  and  aifo  one 
other  caufe  depending  between  the  fame  parties  in  the 
court  of  commovi  pleas,  (l:iould  be  referred  to  Titus 
^Truemany  Benjamin  Jostle  and  A'atban  Crook^  the 
three  foremen  of  the  jury  empannelled  and  fworn  to 
try  the  faid  caufe,  or  any  two  of  them,  to  hear  and 
determine  all  the  faid  differences,  fo  as  the  liiid  Titus 
"Truernan^  Benjamin  Jostle  and  Nathan  Crook^  or  any 
two  of  them,  fliould  make  and  publilh  their  award  in 

■writing,   on   or   before  the day  of next  : 

Kow  we  the  faid  Titus  Trueman^  Benjatnin  Jostle  and 
Nathan  Crook,  in  purfuance  of  the  faid  order  or  rule 
t)f  reference,  having  heard  both  the  faid  parties,  their 
ailegations  and  anfwers,  touching  the  matters  in  differ- 
ence between  them,  and  haviiTg  thoroughly  confidered 
of  the  fame,  do  award,  order  and  adjudge  of  and  upon 
the  premifes,  in  manner  and  form. following  :  Firft,  we 
do  award  and  order,that  the  faid7?io7«/^ox,(liali  confent 

that  the  fum  of dollars  paid  by  him  into  the  h\<\ 

court  of  common  pleas,  be  received  out  of  the  faid  court 
by  him  the  faid  IFhitc  Tinman^  to  the  proper  ufe  of 
iiim  theiaid  White  Tinman.  Secondly,  we  do  award 
and  order,  that  the  find  Rion  Fo>c,  fliall  well  and  truly 
pay,  or  caufe  to  be  paid  unto  the  faid  JVhitc  Tinman^ 

^thefum  of dollars,  on  the day  of next, 

'at  the  houfc  of  Titus  Rose,  of ,  between  the  hours 

of and of  the  clock  of  the  fome  day.  Third- 
ly, we  do  asvard   aiul  order,   that  the  foid  JFhite  Tin- 

fiian^  Ihall  upon  the   receipt  of  the  faid dollars 

out  of  the  faid  court  of  common  pleas,  Jiiid  on  payment 


A  W  A  R  I).  215- 

©f  the  faid  fiim  of  dollars,  execute  unto  tlic  Hiki 

Jiion  Fox^  a  g-cneral  rclcale  of  the  matters  to  us  refer- 
red, and  that  the  faid  Rion  Fox  Ihall  at  the  fame  time 
execute  unto  the  faid  IVh'nc  Tinman^  the  like  ickafe. 
In  witnefs,   &:c. 


The  nomination  of  an  Umlnrc  by  two  Arbitrators^  ivhsi 
C9uld  not  conclude  the  D'ljj'crcnccs  to  ihem  referred. 

To  all  to  whom  this  prefent  v,  riting  of  award  indent- 

^d  Ihall  come,  we  Abner  OUU  tmd  B'lon  Youngs  of » 

fend  greetiuj^  :    Whereas    Comely    IVolf^    and  Dainty 

Daiiy^   of  ,  by  obIi_^ation    bearini^  date  the 

day  of ,   have    bound  tliemfelves  reciprocally    to 

Hand  to  the  award  of  us  the  faid  Abner  Old  and  Bion 
Yming^  to  be  g-iven  up  in  writin^^,  relative  to  all  dilier- 
enees,  depending  between  them  on  or  before  the  day 
of  the  date  hereof,  and  in  cafe  no  award  iliould  be  made 
by  us  on  or  before  the  faid  day  in  concUifion  of  the 
])remifes,  then  to  Hand  to  the  final  determination  of 
ibch  peribn  that  Ihould  l>e  chofen  um])ire  by  us  tlx?  faid 
arbitrators,  for  the  final  concluiion   of  the  prcmifcs  to 

be  given  up  by  the  faifl  umpire  on  or  before  the  

day  of ,  as  by  the  faid    obligation  and  condition 

thereof  more  plainly  m.ay  appear:  Now  know  ye,  that 
we  the  {-ciifX  Abner  Old  and  Bion  }o//7?^^,  arbitrators 
aforcfiid,  having  not  concluded  and  agreed  upon  the 
prcmifcs  to  us  referred  as  aforrfaid,  and  alfo  defiring 
that  a  full  end  and  final  conclufioii  may  at  length  be 
made  between  the  faid  panics  concerning  the  prcmi- 
fcs, Do  hereby,  according  to  the  pov  er  to  us  granted 
])y  the  faid  obligation     nominate,  determine   and   ^\>- 

Y)(j\nt  James  Ford,  of ,  to  be  the   fole  and  only 

umpire  in  the  premifes  to  conclude,  end,  determine, 
and  finally  to  finiili,  all  the  matters,  demands,  and  dif- 
ferences in  controNcrfy  betvvccn  the  fuid  parties,  which 


!516  AWARD. 

umpirage  and  final  conclufion  of  the  premifes  fiiall  be 
given  up  by  the  faid  James  Ford^  in  writing  indented 
under  his  hand  and  feal,  ready  to  be  delivered  unto  the 
faid  parties  in  eontroverfy  at  the  fliop  oiJohn  Handy  in 
,  on  or  before  — --.     In  Witnefs,  &:c. 


District  Return  of  an  Election. 

To  the  judges  delegated  from  the  different  di{lri61:3 
of  the  county  oi  Dauphin,  to  meet  at  the  court  houfe 
in  the  borough  olHarrishurgh. 

At  an  eleftion  held   on   Tuefday  the  day  of 

October  Anno  Domini,  180  ,   at  the  houfe  of  , 

in  the  tovjnship  of ,  in  the   county  of  Dauphin, 

being  the  second  ele6tion  diftrift   of  the  faid  county 
on  clofmg  the  poll  and  counting  the  votes  it  appeared 
that  for 

Governor. 
A.  B.  had  two  hundred  votes  200 

Reprefentatives  in  Congrefs. 
C.  D.  had  two  hundred  liotes  200 

E.  F.  had  one  hundred  and  ninety  'uotes  190 

Senator. 
G.  H.  had  one  hundred  and  ninety -four  'uotes  194 
Members  of  the  Houfe  of  Reprefentatives, 
J.  K.  had,  &c. 


L.  M.  had,  &c. 
N.  O.  had,  &c. 

P.  Q.  had,  &c. 
R.  S.  had,  &:c. 

T.  U.  had,  &c. 
V.  W.  had,  &c. 


Sheriff. 
Coroner. 


AWARD.  ojj 

Commiflloner. 
X.  Y.  had,  he. 

Dire^or  of  the  poor. 

A.  Z.  had,  &c. 

Auditors. 

B.  A.  had,  he.    C.  L.  had,  8cc.    K.  R.  had,  &c. 
In  teflimony  w  hereof  wc  the  judejes  of  faid  diih-i^l 

have  hereunto  fet  our  hands  the  faid day  of  Oclo- 

ber,  Anno  Domhii,  181 — 

Q.  P. 

S.  R. 

U.  T. 

KT*  For  the  return  of  infpe6lor,  previoufiy  to  thie 
general  election,  fee  Graydou's  Juilice,  p.  8y. 

County  Return  of  Reptresetitathes  in  Congress^ 

To  the  judges  deputed  from  the  counties  of  Dauphin^ 
Cumberland^  lyFifflin  and  Hniningdon.,  to  meet  at  the 
houfe  now  occupied  by  JVilliam  Sterrety  in  Mifflin^', 
tawny  in  the  county  oi  Afiffl'uu 

We  the  fubfcribers,  judges  of  the  ele6lion,  held  in. 
the  feveral  diilricts  of  die  county  of  Dauphin^  on  tho 
twelfth  inllant,  (it  being  the  fecond  Tuefday  in  Oci:o- 
ber,  Anno  Domini  181 — ),  to  wit,  A,  B.  one  of  the: 
judges  of  the  fnit  djilri6l ;  6*.  /).  one  of  the  judges  o£ 
the  fecond  diflriii); ;  E.  F.  one  of  the  judges  of  thc!  third 
diftri6\  ;  G.  H.  one  of  the  judges  of  the  fourtli  dillridl, 
%^c.  \_one  judge  from  each  districts  according  to  the 
number  of  districts  in  the  county']^  being  met  together 
at  the  court  houfe  of  the  faid  county,  and  having  care- 
fully examined  the  returns  of  the  faid  feveral  dilbi6ls, 
and  enumerated  and  added  together  the  votes  therein 
contained,  do  certify,  that  at  the  faideleclion  *.he  votes 
for  reprefentatives  in  the  congrefs  of  the  united  Hates, 
^^)pcar  to  be  as  follows,  viz. 

j:  2»  ] 


218  A  W  A  R  D. 

For  J.  K.  eleven  h u fid r e d \oics  llOO 

For  L.  M.  7iine  /hundred  votes  900 

For  N.  O.  seven  hundred  \oics  700 

For  P.  Q.  one  hundred  votes  iOO 

In  tcftlniony  whereof  we  have  hereunto  fet  our  hands 
2iimiti\\^  i\\t fifteen th  day  ofOclober,  A.  D.  181 — . 

C.  D.     *.Vr«/.*  A.  B.  *'S,;o/.# 

*  *  *  *  »  *  *  # 

Cr.  ri.  *'!)Vft/.*  F,.  F.  #AVfl/.« 

Sec.  S;C. 

iCj"  See  postea  the  general  return  of  the  difcri^l, 
compofed  of  the  counties  of  Dauphin^  Ciunberland^ 
Mifflin  and  Huntirigdon, 

County  Meturn  of  Senators. 

To  the  judges  delegated  from  the  counties  of  York  and 
AdamSy  to  meet  at  the  court  houfc  in  the  borough 
of  York, 

We  the  fubfcribers,  judges  of  the  election  held  in 
the  feveral  diflricls  of  the  county  of  York^  on 
the  twelfth  inilant,  (it  being  the  fecond  Tuefday  in 
06lobcr,  Anno  Domini  181 — ),  to  wit,  A.  B.  one  of 
the  judges  of  the  firil  diftri6"l  ;  C.  /).  one  of  the  judges 
of  the  fecond  dittrift  ;  E.  F.  one  of  the  judges  of  the 
third  di{lti6\;  G.  H,  one  of  the  judges  of  the  fourth 
diftricl,  8?c.  [one  judge  from  each  district^  according  to 
the  number  of  districts  ifi  the  zounty^^  being  met  to- 
ther  at  the  court-houfe  of  the  faid  county,  aad  having 
carefully  examined  the  returns  of  the  faid  feveral  dif- 
tri£ls,  and  enumerated  and  added  together  the  votes 
therein  contamed,  da  certify  that  at  the  faid  elcclion^ 
the  votes  for  fenators  appear  to  be  as  follows,  to  wit :, 


c. 

*    » 

G. 

»  »  « 

H.    *Seal 

«  *  « 
&C. 

AWARD.  219 

For  J.  K.  one  tbousaiul  .      ^                     1000 

For  L.  JNl.  liiiic  hundred  900 

For  N.  O.  scutn  hundred  700 

For  P.  Q  /our  hundred  400 

In  teftimoiiy  whereof  we  have  hereunto  fet  our  hands 
and  Icalb  thi^Jiftecnth  day  of  October,  A.  D.  131 — 

A.  .B  *^<^uC 

«t  »  * 
-:k  *  * 

|0"  See  postea  the  general  return  of  the  dillricl  com- 
pofed  of  York  and  Adams   counties. 


General  Election  Returns. 
Of  Go\}ernor. 

To  the  honoral)Ic  the  Speaker  of  the  fcnate  of  the  com- 
monwealth of  Pciniiyivania. 

We  the  fubfcrlbcrs,  judges  of  the  election  held  in 
thefeveral  diilnC^s  of  the  county  of  Daupbuu  on  the 
tivelftb  inlhmt (it  being  the  lecond'rutfduy  mO(?lolx r. 
Anno  Domini  181 — )  lo  uii,  A.  B.  one  of  the  judges 
of  the  full  dillria  ;  C.  D,  one  of  the  jud:j;cs  oi'the  fe- 
cond  diftri^l  ;  E.  F.  one  of  the  judges  of  the  third  dif- 
triQ  ;  G.  H.  one  of  the  judges  ofthefourth  dillricVAc 
[one judge  from  each  district^according  to  the  number  of 
districts  in  the  <:o;/;ji'v]lxingmet  together  at  tliccourt- 
houfeof  thefaid  county,  &  havingcarcfuUy  examined  the 
returnsof  the  faid  feveVal  diftric\s,&enumeratedand  ad- 
ded together  the  votes  tiiereiii  contained,  do  certify, that 


22(1  AWARD. 

at  the  faid  ele6lion,  the  votes  for  a  governor  appear  t» 

be  as  follows,  viz. 

For  K.  S.  twelve  hundred  andjifty-fve  "votes^  1255 
For  J.  K.  three  hundred  and  se'Dcn'uotcs  307 

In  teiliniony  Vv  hereof  we  have  hereunto  fet  our  handg 

andlcalb  the  13th*  day  of  October,  AnnoDonnni  181 

CD.     ,&a/*  A.  B.     *6rc/.« 

*  *  *  %  «««* 

«*■*»  „.„*•** 

G.  H.     *6'ea/.#  £.   F.     *Seal.* 

&c.  Scci 


Of  Representathes  in  Congress. 

To  his  excellency    S»     S.   efquire,  Governor  of  the 
commonwealth  of  Pennfylvania. 

We  the  fubfcribers,  judges  of  the  eledlion  held  in 
the  diftri^l:  cumpofed  of  the  counties  o^  Dauphin,  Cum- 
berland, Mifflin  and  Huntingdon,  on  the  twelfth  in- 
ilant,  (it  being  the  fecond  Tuefday  in  October,  An- 
no Domini  181 — ),  to  wit,  A.  B.  one  of  the 
judges  of  Dauphin  county  ;  C.  D,  one  of  the  jud- 
ges of  Cumberland  county  ;  E.  i%  one  of  the  judges 
g{ Mfflin  county  ;  and  G.  H.  one  of  the  judges  of 
Huntingdon  county,  being  met  together  at  the  houfe 
now  occupied  by  William  Sterret,  in  Mifflintoivn,  in 
the  county  of  Mifflin,  and  having  compared  and  call 
lip  the  returns  of  the  faid  feveral  counties,  do  certify, 
that  at  the  laid  electicA  the  following  named  perfons 
•appenj  to  have  been  duly  elected  reprefentatives  in  the 

*  Fomierly,  in  Pennsylvania,  the  general  returns  were  maclc  up 
*n  Satuvclay.  "  the  fourth  day  after  the  clay  of  election  ;"  but  by  act 
of  assembly  passed  March  17,  1806,  (vol.  VII.  484.)  "  all  township 
•lections  aiid  meetings  of  return  judges  of  the  general  elections, 
"that  now  are  directed  by.  law  to  be  held  on  Saturday,  shftU  be  holdc?? 
Oil  the  Friday,  iracietUately  pregeclJLng.'' 


A  W  A  U  D.  221 

congrefs  of  the  United  States  for  the  diflrict  aforefaid, 
to  wit  : 

J.  K.  having  three  thousand  six  hundred  votes  3G00 
L.  M,  hvi\un^  three  thousand  tivo  hundred 'uotcs  5200 

III  tcftimony  whereof  ^^e  have  iK-reunto  fet  our  lv\nds 
and  feals  the  —  day  of  October,  Anno  Domini  180 

C.  D.  ,6W*  A.  B.    *'Vr'c/.  » 

#  #«   *  #  »  »  * 

G,  H.  *^cai,*  h.  F.    *^>«/.^ 

tcr  Such  returns  (i.  e.  where  two  or  r.iore  conn- 
ties  compofc  a  dillric\)  are  within  the  Ipace  of  ten 
days  after  the  election,  to  be  deHvered  by  the  judges 
to  the  Iherift'ofthe  county  in  which  they  lliall  be  con- 
vened, who  Ihall  within  thirty  days  after  faid  election, 
deliver  or  fafely  tranfmit  the  fame  to  the  governor. 
The  judges  lliall  alfo  caufe  a  duplicate  to  be  depo- 
fited  in  the  prothonotary's  oflice  of  fame  county,  bee 
vol.  V.  Aas,  145, 


0/  Senator. 

To  the  honorable  the  Senate  of  the  commonwcaUh  of 
Pennfylvania. 

We  the  fubfcribers,  judges  of  the  ele6tion,  held  ia 
thefeveral  diilrifls  of  the  county  oi  Dauphin,  on  tho 
fcoelfth  inflant,  (it  being  the  fecond  Tucfday  in  Octo- 
ber, Anno  Domini  IS  I — ),  to  wit,  yf.  B.  one  of 
the  judges  of  the  firft  diltrict  ;  C.  D.  one  of  the  judges 
of  tile  fecond  diftrict  ;  E.  F.  one  of  the  judges  of  the 
third  diftrict ;  G.  H.  one  of  the  judges  of  the  fourth 
diilrict,  'i^c.  \one  judge  from  each  district,  according 
t^  the  numlier  ofdistncts  in  the  county,']  being  met  to- 


222  A  W  A  R  D. 

gcther  at  the  court-houfc  of  thefaid  county,  and  hav- 
ing carefully  examined  the  returns  of  the  i\u'J  feveral 
chllricts,  and  enumerated  and  arlded  to.i^ethtr  the  votes 
therein  contained,  do  certify,  that  at  the  faid  elec.ion, 
thf  following  named  perfon  appei^rs  to  have  been  duly 
elected  Senator  for  the  faid  county,  to  wit  : 

P.  S.  he  \\Viv'n-)^one  thousand Jiijc  hundred liotcs^  1500 

In  teilimbny  whereof,  we  have  hereunto  fet  our  himds 
and  fealb  the  fifteenth   day  of  October,  Anno  Domini 

181— 


C.    D.   #'Vm/#  A.   B-     *.A-a/« 


J^       -SK        ^:        TT^  ;m.  at 

G.  H.  *.'^v./.*  E.   F.  *i-/. 


Another. 

To  the  honorable  the  Senate  of  the  commonwealth  of 
Pennfylvania. 

We  the  fubfcribers,  judges  deputed  from  the  coun- 
ties of  Tork  ?iW^Adams^  to  meet  at  the  court-house  in 
the  borough  of  York^  for  the  purpofe  of  making  a  gen- 
eral and  true  return  of  fenators  for  the  diftiict  compof- 
ed  of  the  counties  aforelliid,  being  met  together  at  the 
faid  court-houfe,  and  having  carefully  examined  and 
call  up  the  feveral  county  returns  of  the  election  held 

on  Tuefday  the -day  of  October  inftant,  do  certify, 

that  at   the  faid  election,  the  following   perfons   were 
duly  elected  fenators  for  the  dillrict  aforefaid,  that  is  to 

J.  li.  he  having  tv:ehe  hundred  votes  1200 

Zj'  M.  he  having  eleven  hundred  votes  1100 

In  tejlimony  whereof  we  have  hereunto  fet  our  hands 


AWARD.  223 

and  feals,   the day  of  October,  Anno  Domini 

181— 

CD.    ».V^«/.,  B.   k.     *.Vta/.- 


Id*  This  hitter  return  applies  \\hcre  two  or  more 
eouiities  compolc  a  clillrict. 


Of  Rcprcsrntathcs. 

To  the  honorable  tlie  Houft  of  P.eprefentatives  of  thq 
cunimoiiweallh  ol  Pennlylvania. 

We  the  fubfcribers,  judges  of  the  eledlion  held  \\\ 
the  feveral  diftricls  of  the  county  of  Dauphin^  on  the 
tiDclfth  inttant  (it  being  the  fecond  '1  uefday  in  Octo- 
ber, i  81  — )  to  wit,  A.  B.  one  of  the  jucigcs  of  the  full 
diilrifl ;  C  D.  one  of  the  judges  of  the  fecond  dif- 
tricl  ;  E.  F.  one  ofthe  judges  of  the  third  diftri8:  ;  G, 
II.  one  ofthe  judges  ol  the  foi.rih  dilbict,  8;c.  [one 
judge  from  each  district  accoraiiig  to  the  mnnber  of 
districts  in  the  county'\  being  met  together  at  the 
court  houfe  of  the  faid  county,  and  having  carefully 
examined  the  returns  of  the  iaid  feveral  difu  i(S\s,  and 
enumerated  and  added  together  the  votes  therein  con- 
tained, do  certify,  that  at  the  faid  eleirMon  the  follow- 
ing iiamed  perfons,  being  the  three  highcll  in  votes, 
appear  to  have  been  duly  elccled  members  ofthe  houfe 
of  reprefentatives  for  the  faid  county,  to  wit  : 

/.  K.  having  twelve  hundred  \o\ts  12C0 

L.  M.\\^\'w\^  eleven  hundred  \otzs  1100 

J/.  N.  \\^\\\\^nine  hunih-ed  \o\QS  900 

In  tedimonv  whereof  we  ha\e  hereunto  fet  our  hands 


224  A  W  A  R  D. 

and  feals  i\\t  fifteenth  day  of  October,  Anno  Domini 
181— 


*        *        *         :^ 


C.  D.  *.SeaL*  A.  B.  ^Seai 


*  *  *  «■ 

*  *  *  » 


G.  H.  -^Seal.^  E.  F.  ^Seal. 

Of  Sheriff ^ 

To  jV.  -5.  ^.  efqiiire,  Secretary  of  the  commonwealth 
ofPennfylvania. 

We  the  fubf:ribers,  judges  of  the  ele6\ion  held  in 
the  feveraldiftrictsof  the  county  of  Dauphin^  on  the 
twelfth  inftantCit  being  the  fecond  Tuefday  in  O6lo- 
ber,  Anno  Domini  181 — )  to  wit,  A.  B.  one  of  the 
judges  of  the  firll  diftricl ;  C.  D.  one  of  the  judges  of 
the  fecond  dillricl  ;  E.  F,  one  of  the  judges  of  the 
third  diftrict  ;  G.  II.  one  of  the  judges  of  the  fourth 
diftriiSl,  &:c.  [one  judge  from  each  district  according 
to  the  number  of  districts  in  the  county~\  being  met 
together  at  the  court  houfe  of  the  faid  county,  and  hav- 
ing carefully  examined  the  returns  of  the  faid  feveral 
diflrifts,  and  enumerated  and  added  together  the  votes 
therein  contained,  do  certify,  that  at  the  faid  eleftion, 
the  following  named  perfons,  being  higheft  in  votes, 
appear  to  be  duly  elected  flierifts  for  the  faid  county, 
to  wit  : 

J.  K.  having  twehe  hundred  votes  1200 

L.  M.  having  ten  hundred  and  fifty  votes         1050 

In  teftimony  whereof  we  have  heremito  fet  our  hands 
and  feals  ilief fteenth  day  of  October,  Anno  Domini 
181— 

C.  D.  .Seal,  A.  B.  ^SeaL* 

Cr.  H.   *Seal.^  £4  F.  *5'^^/.* 


A  W  A  R  D,  o^ 

Of  Coroner, 

1*0  A*.  B.  B.  efqiiire.  Secretary  of  the  common\j'ealtI> 
of  Pciinlylvania. 

We  the  fubfcribers,  judges  of  the  election  held  In 
the  fevcral  dilhicls  of  the  county  of  Dauphin^  on  iho 
twelfth  inftant  it  being  the  fccond  Tucfclay  in  06lo- 
ber,  Anno  Domini  18  L — )  to  wit,  A.  B.  one  of  the 
JLidgesof  the  lirst  dillricl ;  CD,  one  of  the  judges  of 
the  fecond  dillricl ;  E.  F»  one  of  the  judges  of  thes 
third  di{lri6l;  G.  II.  one  of  the  judges  of  tne  fourth  dif- 
tridl,  &.C.  \one  judge  from  each  district  according  ta 
the  number  of  districts  in  the  county~\  being  met  to* 
gethcr  at  the  court-houfe  of  the  faid  county,  and  hav- 
ing carefully  examined  the  returns  of  t'le  faid  fcveral 
diftricls,  and  enumerated  and  added  together  the  votes 
therein  contained,  do  certify,  that  at  the  faid  election, 
the  following  named  perfons  being  higheft  in  votes, 
appear  to  be  duly  elected  coroners  for  the  faid  coun- 
ty,  to  wit : 

J.  K.  having  tivehve  hundred  votes  1200 

L.  M.  having  ten  hundred  and  fifty  votes  1050 

In  teflimony  whereof  we  have  hereunto  fet  our  hands 
and  feals  x\\t^  ffteenth  day  of  October,  Anno  Domini 
181— 


C.    D.   *Scal.» 
«  «  *  » 

*   •   •   » 

A.  B.  uSeal.^ 
«  #  k  •. 

^        TT           «    «    *     • 

£.  F.  *Seal\ 

»  »  »  « 

•  »  •  • 

Of  Commissioner^ 

To  jf,  B,  efquire,  Clerk  of  the  court  of  Quarter  Sc^ 
fions  of  the  county  of  Dauphin* 

r.29j 


225  A  W  x\  R  D. 

We  the  fubfcribers,  judges  of  the  eleftion  held  in 
the  feveral  dillritfis  of  the  county  of  Dauphin^   on  the 
HMclJth  inftant(it  being  the  fecond  Tuefday  inOclober, 
Anno  Domini  181 — )  to  wii,  A.  B,  one  of  the  judges 
of  the  firil  diflrid  ;  C.  /).  one  of  the  judges  of  the  fe* 
Cond  diilri61 ;  E.  F.  one  of  the  judges  of  the  third  dif* 
trift  ;  G.  H.  one  of  the  judges  of  thefourthdiIlricl,&c. 
\o7iejudgefroriieacb  district^according  to  the  number  of 
districts  in  the  coz/wi^_)']  being  met  together  at  thecourt- 
houfeof  thefaid  county,  &  havingcarefully  examined  the 
returnsof  the  faid  feveral  diftri6ts,& enumerated  and  ad- 
dedtogether  the  votes  therein  contained,  do  certify,that 
at  the  faid  election,  the  following  perfon  being  highelt 
in  votes,  was  duly  elected  commiflioner  for  the  faid 
county,  that  is  to  fay  : 

J.  K.  having  nine  btmdred  and  seven  'votes         907 

In  teflimony  whereof  we  have  hereunto  fet  our  hands 
andfeals  the  15  th  day  of  0(Stober,  Anno  Domini  181 — 

CD.    *&-eaU  '         A.  B.     ifi^cal.* 

G.  H.    *  ScaU  E.  F.     « Seal.* 


#  »  *  * 


&c.  &c. 


Of  Director  of  the  Poor. 

^fo  /.  B,   efquire  Clerk  of  the  court  of  Quarter  Sef* 
iions  of  the  county  of  Dauphin^ 

We  the  fubfcribers,  judges  of  the  eledion,  held  m 
.the  feveral  diftri^ls  of  the  county  of  Dauphin^  on  the 
twelfth  inftant,  (it  being  the  fecond  Tuefday  in  Oclo- 
bcr,  Anno  Domini  181 — ),  to  wit,  A.  B.  one  of 
the  judges  of  the  lirft  diftri^  ;  C.  D,  one  of  the  judges 


A  W  A  R  D.  227 

of  the  fccond  cliflri6\  ;  E,  F.  one  of  the  judges  of  the 
third  dillrict ;  O.  II.  one  of  the  judges  of  tlie  fourth 
diftriet,  ^c.  [^one  judge  from  each  district^  according 
to  the  number  of  districts  in  the  county,']  being  met  to- 
gether at  the  court-houfe  of  the  faid  eounty,  and  hav- 
ing carefully  examined  the  returns  of  the  faid  feveral 
diilricts,  and  enumerated  and  added  together  the  votes 
therein  contained,  do  certify,  that  at  the  faid  election, 
T.  B.  was  duly  cle6\ed  a  director  of  the  poor  and  of 
the  houfe  of  employment,  for  the  faid  county,  he  having 
^five  hundred  votes. 

In  tellimony  uhereof,  we  have  hereunto  fct  our  hands 
and  leals  the  fifteenth  day  of  October,  Anno  Domini 
181— 

C.  D.  #'SVc/.*  A.  B.   *6Vfi/.« 

G.  H.  *'SVc/»  \..  F.  *5'-/.» 

«  * «  « 


*  * 


Of  Auditors, 

To  y.  B.  cfquire,  prothonotary  of  the  county  of  Dau- 
phin,. 

We  the  fubfcribers,  judges  of  the  ele6\ion  held  in 
the  feveral  di{lri6\s  of  the  county  of  Dauphin,  on  the 
/•TycZ/'^/jinftant  (it  being  the  fecond  Tuefday  in  October^ 
A.  D.  i  81— )  to  wit,  A.B,  one  of  the  judges  of  thefirft 
diflri(St ;  C.  D.  one  of  the  judges  of  the  feoond  dif- 
tric\  ;  E.  E.  one  of  the  judges  of  the  third  dillrict  ;  G. 
//.one  of  the  judj^es  of  the  fourth  diftridt,  &c.  \one 
judge  from  each  district  according  to  the  nutnber  of 
districts  in  the  county']  being  met  together  at  the 
court  houfe  of  the  faid  county,  and  having  carefully 
examined  the  returns  of  the  faid  feveral  diilri^ls,  ancl 


m  AWARD. 

enumerated  and  added  together  the  votes  therein  con- 
tained, doceriily,  ihatav  the  faid  tkC'iion  the  follow- 
ing named  peribns,  being  ihe  three  higheft  m  votes, 
^Were  duly  elected  auditors  for  the  laid  cruLiy,  to  wit : 

i\7.  0.  having  se'ven  hundred  votes  700 

JP.  Q.  having  six  hundred  votes  6G0 

R,  S^  having  Ji'oe  hundred  voles  600 

In  teftimony  whereof  we  have  hereunto  fet  our  bands 
and  feals  \X\^ fifteenth  day  of  October,  Anno  Dcmini 
181— 


*  *  *   % 

C.  D.  *Seal.* 

*  *  *  * 
A.  B.  ^SeaL* 

»  *  #  * 

*  *■  *  » 

*  *  *  * 
G.  H.  *Seal.* 

E.  F.  ^Seal.it 

■  *  *  *  * 

«  *  *  y 

|Cr  It  fliall  be  the  duty  of  the  prothonotary,  to  in- 
form the  auditors  of  the  time  of  their  meeting  annually 
(firft  Monday  of  January)  at  leaft  ten  days  previous 
thereto.  See  IX.  vol.  acts,  42. 


Of  Electors^ 

To  A^.  B,  B.  efquire,  Secretary  of  the  commonwealth 
of  Pehnfylvania* 

We  the  fubfcribers,  judges  of  the  ele6lion  held  in 
the  feveraldiftri6\sof  the  county  of  Dauphin^  on  Fri- 

clay*  the day  of ,  to  wit,  A.  B.  one  of  the 

judges  of  the  firft  diftrict  ;  C.  D.  one  of  the  judges  of 
the  fecond  diftri6\  ;  E.  F.  one  of  the  judges  of  the  third 
diftria  ;  G.  H.  one  of  the  judges  of  the  fourth  diftria, 

»  The  election  is  to  be  held  on  the  fifth  Friday  preceding  the 
Erst  Wednesday  in  December  1 804,  and  in  every  fourth  year  thei^ 
^fter.  V.  vol.  acts,  33. 


A  W  A  R  D.  220 

oV.  [^one  jttd(re  from  e-jch  district,  accord'm^  to  the 
ruinibct  oj  districcs  in  the  coiinly'^,  being  ip.ei  togL-ther 
at  the  court  houle  of  the  laid  count}-,  and  luwinj^  c;irc- 
fully  examined  the  returns  of  the  Hiid  ieverai  diihids, 
and  enumerated  and  added  toi^ether  the  votes  therein 
contained,  do  certify,  that  at  ihe  faid  cletSlion,  thevoies 
for  electors  of  a  prefident  and  vice-prc  Iident  of  the  Uni- 
ted States  appear  to  be  as  follows,  that  is  to  fay  : 

For  ./.  K.  tTcchoe  hundred  votes  J  200 

L.  J\I-  eUiicn  hundred  votes  IICO 

M.  N.  nine  hundred  votes      -  900 

O.  /*.*  eight  hundred  votes  800 
&c.  &c. 

In  teftimony  whereof  vre  have  hereunto   fet  our  hands 
and  feals  the day  of ,  A  D.  131 — . 

»♦**  ^^^« 

C.  D.  *iVfl/.» 

*  »  »  » 
«  *  *  * 

G.  H.   *  iical.* 
»  «  •  * 

&c.  Sec. 

IC7*The  Monday  next  after  the  election,  the  general 
return  is  to  be  made  up,  at  the  coui  t-houfe  :  two  copies 
are  to  be  delivered  to  the  prothonotary,  one  to  be  filed 
in  his  office,  and  the  other  witlun  two  days  after  to  be 
depofited  in  the  neareil  pofl-office  for  the  fecretary  of 
the  commonwealth  ;  a  third  copy  is  to  be  delivered  to 
the  flieriff,  who  Ihall  within  fourteen  days  after  the 
election  by  himfelf  or  his  deputy,  deliver  the  fame  to 
the  governor.   See  V.  vol.  acts,  32. 

*  The  number  voted  for  must  be  equal  to  the  -whole  number  of 
senators  and  representatives  to  which  the  state  may  be  entitled  in 
the  congress.  See  Const,  of  U.  S.  art.  II.  \'.  vol.  acts  of  Pcpn. 
52, 


A. 

B.  ^Stal. 

•  »  » 

E. 

*  *■  * 
F.   «6Va/. 

»  »  « 

^30  BARGAIN    anh    SALE. 

See  acts  vol.  V.  G69  and  VIII.  291,  refpccting  the 
forwarding  returns  to  the  fecretary  of  the  common- 
veahh,  &.C. 

For  a  return  of  the  election  of  conflahle,  fee 
Graydon's  JuHice  p.  81.     Of  alfefibrs,  fee  ibid.  p.  63. 

Various  other  returns  will  be  found  under  *'  Pro- 
cefs,"  Vvhere  it  has  been  thought  proper  to  p'ace  them, 
in  order  to  prefcive  a  connected  view  of  the  proceed- 
ings» 


From  the  siir'vhirjg  Assignee  of  a  Bcvikriipt^  and  the 
Bankrupt  to  a  Purchastr, 

Thisindenture  tripartite  made  the day  of ,  in 

the  year  of  our  Lord ,  betu  ecu  Joseph  IVingJicId^ 

cooper^  of ,  furviving  aflignee  of  the  eilate  and  ef- 

fe6ls  of  Richard  Smithy  of ,   dealer  in  horses,  a- 

gainft  whom  a  commiflfion  of  bankruptcy  hath  been 
awarded,  of  the  firft  part ;  the  iliid  Richard  Smithy  of 
the  fecond  part ;  and  Richard  Solly, o^ — ,  ?^jy/or,ofthe 
third  part:  Vv^itneiTeth,  That  for  and  in  confideration  of 
the  fum  of  two  thousand  dollars,  to  him  the  faid  Jo- 
seph JVingfield,  in  hand  paid  by  the  faid  Richard  Sol- 
ly, at  or  before  the  fealing  and  delivery  of  thefe  prefents, 
and  alfo  for  and  in  confideration  of  the  fum  of  one  dol- 
lar, to  the  faid  Richard  Smith,  in  hand  alfo  paid  by 
the  faid  Richard  Solly,  at  or  before  the  fealing  and  de- 
livery of  thefe  prefentSj  the  receipt  of  which  faid  feve- 


BARGAIN    AND    SALE.  231 

ral  fums  of  tivo  thousand  dollars,  and  one  dollar,  the 
faid  Joseph  IVingJicld,  and  the  faid  Richard  Smithy 
do  hereb\icveral!}  ackno\vlcdt!;e,and  thcreofand  'd.ere- 
from  do  ll  veraiiy  ac(p.iit,  rtk-aie  and  dii'charge  the  laid 
Richard  SvUy^  his  hciis,  executors  and  adminiflrators, 
and  every  n  tlieni  lor  ever,  by  llicfe  prelents,  !i£  the 
icaCiJoscph  IFingfuld,  and  alio  the  laid  Richard  Srnith, 
have,  atKl  each  of  them  hath,  bars^ained  and  fold,  and 
by  ihcfe  prefents  do,  and  each  of  tlum  doth,  bargain 
and  fell  unto  the  faid  Richard  Solly ^  and  his  heirs,  all 
that  piece  or  parcel  of  grouiid,  aiid  all  and  firgi.jr  o- 
ther  the  mefTuages,  lands,  hereoifamenls  and  prenjifcs, 

fituared  in aforefaid,  which  uere  bargained  and 

fold  by  the  mijor  part  of  the  commiflioners  in  the  faid 

comniiffion  naiiicd,  to  iMaHhew  Scofcld^  of ,  in 

the  county  of ,  carpenter^  (fmce  deceafed.  and  the 

faid  Joseph  IVingJiehU  and  tlieir  heirs,  and  the  rever- 
fion  and  reverlions,  remainder  and  remaindeis,  yearly 
and  other  rents,  iifiies,  and  profits,  of  all  and  hngular 
the  faid  meifuages,  lands,  hereditaments  arid  premifes 
hereinbefore  mentioned,  or  intended  to  be  hertby  bar- 
gained and  fold,  and  of  every  part  and  parce'  :!  ( 'cof  ; 
and  all  the  ellate,  right,  title,  intercll,  ufe,  pofitflion^ 
property,  benefit,  ti  ult,  claim,  and  demand  a\  hatfoever, 
both  in  law  and  equity,  of  them  the  faid  Jowph  Wiv.g^ 
fields  and  Richard  Smith,  or  either  of  thtm,  of,  in,  to 
or  out  of  the  fame  prcm.ifes,  and  every  or  any  part  or 
parcel  thereof,  together  \\\\\\  all  deeds,  evidences  and 
writings,  touching  or  concerning  the  faid  premifes,  and 
every  or  any  part  or  parcel  thereof,  in  the  cufiody  or 
power  of  them  the  faid  Joseph  Tl'ivg^icld^  and  Rich- 
ard Smith,  or  either  of  them  ;  To  ha\e  and  to  hold  the 
faid  meifuages,  lands,  liereditaments,  and  all  and  fmgu- 
Jar  other  the  premifes  hereinbefore  mentioned  or  in- 
tended to  be  hereby  bargained  and  fold,  with  their  and 
every  of  their  appurtenances,  unto  the  faid  Richard 
Solly  y  his  heirs  and  afligns  forever.  In  vvilDcfs,  See. 


232  BARGAIN    and    SALE. 

liTP  He  ;vho  fells   is   called  the  Bargainor,  and  he 
who  buys  is  called  tlic  Bargainee. 

Of  Jjands. 

This  indenture  made  the day  of ,  in  the 

year  of  our  Lord ,  between  Ainos  BoaU  of , 

of  the  one  part,  and  Caleb  Doe^  of ,  of  the   other 

part,  witneileth,  That  the  faid  Amos  BoaU  for  and  in 

confideration  of  the  funi  of dollars,  to  him  the  faid 

Amos  Boal^  in  hand  well  and  truly  paid,  the  receipt 
thereof  is  hereby  acknowledged  ;  he  the  faid  Amos 
BoaU  hath  granted,  bargained,  and  fold,  and  by  thefc 
prefents,  doth  grant,  bargain  and  fell  unto  the  faid  Ca^ 
teb  Dbe^  his  heirs  and  afligns,  all  thofe  melTuages,  ^c. 
and  alfo  all  trees,  woods,  underwoods,  ways,  water- 
courfes,  profits,  commodities,  advantages,  heredita- 
inents  and  appurtenances  whatfoever,  to  the  faid  mef- 
fuages,  bV.  above  mentioned  belonging,  or  in  any  wife 
appertaining  ;  and  the  reverfion  and  reverfions,  remain- 
der and  remainders,  rents,  iilues  and  profits  of  the  faid 
premifes,  and  of  every  part  and  parcel  thereof;  and  all 
the  eftate,  right,  title,  intereft,  claim  and  demand  what- 
foever of  him  the  faidyi;?2a?  Boal^  of,  in  and  to  the  faid 
meffua^jjes,  'i£c.  and  j^remifes,  and  every  part  thereof  : 
To  have  and  to  hold  the  faid  meffuages,  ^c.  and  all  and 
lingular  other  the  premifes  above  mentioned,  and  eve- 
ry part  and  parcel  thereof,  with  the  appurtenances  un- 
to the  faid  Caleb  Doe^  his  heirs  and  alligns,  to  the  only 
proper  ufe  and  behoof  of  the  faid  C^/(f3  Doe^  his  heirs 
and  aifigns  forever.  And  the  faid  Amos  Boal^  forhim- 
felf  and  his  heirs,  the  faid  meffuages  ^c.  and  premifes, 
and  every  part  thereof,  againft  him  and  his  heirs,  and 
againft  all  and  every  other  perfon  and  perfons  whatfoe- 
ver, to  the  faid  Caleb  Doe^  his  heirs  and  affigns,  lliall 
and  will  warrant  and  for  ever  defend  by  thefe  prefents. 
In  witncfs,  BV. 


BARGAIN    AND   SALE.  233 

Bargain  and  Sale  enroUeiL 

This  indenture  made;  the day  of bcMvceri 

Amos  lioaly  ot  Liie  one  pari,  and  (4aU'b  Do  \  of  tac  oilur 
part,  witneilltii  :    1  liat  /or  aiul  in  conli.Ieration  oi'the 

fuin  of dolla!-s,  lo  the  Wud  Jmos  Jlui/,    in  lia  id, 

well  and  truly  |>aid,  at  or  bc^'oie  tlic  k-aiini?  and  ilcliv- 
ery  of  dicfc  picfents,  in  full  for  the  ablo  utc  purchafc 
ol  the  iuheriia.ice  n>  fte  fimple,  of  aud  m  all  that  trad: 
or  parcel  of  laiid  vviih  its  apijurtenanccs,  &c.  hereinaf- 
ter mentioued  to  i)e  hereby  bui^ained  and  f.)ld,  the  re» 
cei;-t  whereof  he  the  faid  Amos  Boai,  doth  hereby  ac- 
knowltklge,  and  thereof,  and  from  every  part  thereof, 
doth  acquit,  releafe  and  (hfcharge  the  faid  Caleb  Doe^ 
liis  heirs,  exeGUtors  and  adminiilrators,  and  every  of 
them  for  ever  by  thvfe  !>refents,  he  the  faid  Amos  Boaly 
h.uh  granted,  bargained  and  fold,  and  by  thefe  prefents 
doth  grant,  bargain  and  fell  unto  the  faid  Caleb  Doe^ 
his  heirs  and  affigns  all*  that  tra'il  or  parcel  of  land  fi- 

tuared  in  the  county  of ,   on  the  waters  of  , 

and  bounded  as  followeth,  to  wit  :  Beginning,  &c.  to- 
gether with  all  and  fingular  the  rights,  members  and 
appurtenances  thereunto  belonging,  and  the  reverhons 
and  remainders,  rents,  ifliies  and  profits  thereof.  To 
have  and  to  hold  the  faid  tra6l  or  parcel  of  land,  andi 
all  and  fingular  other  the  premifes  hereby  bargained 
and  fold,  or  mentioned  or  intended  fo  to  be,  with  their 
and  every  of  their  rights,  members  and  appurtenances, 
unto  the  fiiid  Cahb  DoCy  his  h/irs  and  afligns,  to  the 
only  proper  ufe  of  him  the  faid  Caleb  Doe,  his  heirs 
and  afligns  forever.  And  the  fiid  Amo<i  Boal,  and  his 
heirs  fliall  and  will  warrant  and  f.)r  ever  defend  the 
premifes  aforefaid  unto  the  faid  Caleb  DoCy  his  heirs 

•  If  you  wish  to  convey  simply  your  own  title,  insert  between  the 
words  "  all"  and  "  thi'.t"  the   fo^lowini.':  words  ^'  his    nrhu    nlht, 
cUiim,i:itc"estattddoinAiid,  of  what  ever  name  oriuturekt  muy  hcj  j^ 
in  and  to.'* 

[30  3 


234  BARGAIN    and    SALE; 

and  afngns,  againft  all  and  every  perfon  and  pevfons 
■\vhomfoevcr.-|-     In  witnefs,  &c. 

The  same  by  Deed  Poll. 

To  all  people  to  whom  tbefe  prefents  iliall   come, 

greetiiig  : 

Know  ye,  that  I  Amos  Boal,  for  the  confideration  of 
-  dollars,  received  to  my  full  fatisfa6\ion,  of  Caleb 

Doe^  do  ^ivc,  grant,  bargain,  fell  and  confirm  imto  the 
faid  Caleb  Doe^  all  that  tra6l  or  parcel  of  hmd,  with  its 
appurtenances  and  improvements  thereunto  belonging, 

fituatcd  in  the  townOiip  of in  the  county  of , 

together  with  all  and  fmgular  the  reverfions  and  rc- 
jnainders,  rents,  iflues  and  profits  thereof.  To  have 
and  to  hold  the  above  granted  and  bargained  tracl  or 
parcel  of  land,  with  the  appurtenances  and  improve- 
ments thereof,  unto  him  the  laid  Caleb  Doe^  his  heirs 
and  aiTigns  forever,  to  his  and  their  own  proper  life 
and  behoof.  And  alfo  I  the  faid  Ames  Boal^  do  for 
myfelf,  my  heirs,  executors  and  adminiftrators,  cove- 
nant with  the  faid  Caleb  Doe^  his  heirs  and  affigns,  that 
at  and  until  the  enfealing  of  thefe  prefents,  I  am  well 
feized  of  the  premifes  as  a  good  indcfeafible  eflate  in 
fee  fimple  ;  and  have  good  right  to  bargain  and  fell  the 
fame  in  manner  and  fjrm  as  is  above  written  ;  and  that 
the  fiime  is  free  of  all  incumbrances  whatfoever.  And 
furthermore,  I  the  faid  Amos  Boal  do  by  thefe  prefents 
bind  myfelf  and  my  heirs,  for  ever  to  warrant  and  de- 
fend the  above  granted  and  bargained  premifes  to  him 
the  faid  Caleb  Doe^  his  heirs  and  afligns  againft  all 
claims  and  demands  whatfoever.     In  witnefs  whereof 

I  have  hereunto  fet  my  hand  and  feal  the day  of 

■ ,  in  the  year  181 — 

t  To  avoid  a  generaj  warranty,   add  the  words  "who  may  ot- 
^!i«ll  clyiJifti  &Qni;  through 91'  uad^r  bw  the  said  Amos  Boal"_ 


BAI^GAIN    AND    SALE.  235 

Of  a  Frccbold  Estate,  to  two  Persona,  in  Trust  for 
one  of  the  Panics  alone  ^  •\;jith  a  il'arranty  from  the 
Bargainor, 

This   indenture   tripartite,  made   the day   of 

-^ ,  between  Thomas  Ilall^oi ,'iX)ine  merchant^ 

of  tiic  firil  part ;    Eamund  Gale,  of \  distlllcr\  c^i 

thj    lecond    part  ;     and   Joseph   Galc^  ol" ,  disiil- 

U'\,  brodicr  of  the  Aiid  Edmund  Gale  J  o{\\\t  third  part, 
wiiiicilcth,  rhat  tor  and  in  confideration  of  the  fum  of 

-7 dollars,  by  the  faid   Edmund  GaU\    to   the  faid 

Thomas  Hall,  in  hand,  at  or  before  the  fealin^  and  de- 
livery of  ilicie  prelenis,  well  and  truly  paid,  in  full,  for 
the  abfolute  pui  chafe  of  the  meiluages,  lands,  and  tene- 
ments hereinafter  mentioned,  to  be  hereby  bargained 
and  fold  ;  the  receipt  whereof  the  faid  Thomas  Hall 
doth  hereby  acknowledge,  and  thereof  doth  acquit,  rc- 
leafe,  and  for  ever  difcharge  the  faid  Edmund  Gale, 
his  heirs,  executors  and  adminiilrators,  by  thefe  pre- 
fents  ;  and  in  confideration  of  the  fum  of  o.vc  dollar,  by 
the  faid  Joseph  Gale,  to  the  faid  Thomas  Hall,  in  hand 
aifo  paid,  at  or  before  the  execution  of  thefe  prefents, 
the  receipt  wliereof  is  alfo  hereby  acknowledged,  he 
the  faid  Thomas  Hall,  hath  granted,  bargained  and 
fold,  and  by  thefe  prefents  doth  grant,  bargain  and  fell, 
unto  the  fuid  Edmund  Gale,  and  Joseph  Gale,  and  the 
heirs  of  the  faid  Joseph  Gale,  all  that  melfaage,  tene- 
ment or  farm,  with  the  out-houfes, edifices,  buildings, 
yards,  gardens,  and  appurtenances  thereunto  belong- 
ing, and  alfo  all  thofe  feveral  clofes,  inclofures,  and  par- 
cels of  ground  to  the  faid  meifuage  or  tenement  be- 
longing or  appertaining,  or  therewith  occupied  and  en- 
joyed,   containing  togei her,  by  eflimation,  acrcs» 

or  thereabouts,  hereinafter  particularly  mentioned  (that 
is  to  fay^  one  clnfe  of  pnfture  ground  adjoining  to  the 
faid  meifuage  or  tenement,  containg  Ijv  eftunation,  one 
acre  and  ^luoperches,  or  thereabouts. and  all  thofe  feveral 
pieces  or  parcels  of  land  Jyin^  difperfcdly  in a-t 


256         BARGAIN    and    SALE. 

forefuid,p.hereinafter  particularly  mentioned,  that  Is  to 
fay,  &.C.  and  all  othei  ciic  tVcchoiJ  metluiigLb,  laiidb,  te- 
nements, arid  nercdit;ta;er»rs  whailocvcr,  oi  him  the  iliid 
I'/Jomas  Hjlly  or  wiiereolor  whcicin,  iic  or  any  other 
pcrioi)  orjKiibnb  in  trull  lor  hnn  have  or  Jiuth  any  ei- 
tate  otheehold  or  inheriunice  in  poiVeflion,  reve.lion, 
rtmanidci  or  exp.ctar(Cy,  lituate,    1}  in^  and  beini^  in 

•^ ^-  aforefaid,  an(i'ail  vvoodb,  underwoods  and  trees, 

and  the  ground  and  I'od  tln-ieoi,  pullures,  feedings, 
common  ways,  water, water -C(;uri'eb,  piofits,  commodi- 
ties, emoluments,  eufemenrb,  and  appurtenances  uhat- 
foever,  to  the  laid  melKiage,  iarm,  lands,  tenensents^ 
htreditamentsandprt miles  mentioned,  to  be  iicreby 
bari^ained  and  fold,  or  any  of  them  beloiijjinjr,  or  in 
finy  wife  appertaining,  or  accepted,  it  putt  d,  taken,  or 
known  as  pait  or  parcel  or  m^niber  of  tl»em,  or  any  of 
them,  or  with  them  or  any  of  them  refpt61ively,  ufed, 
occupied,  polTtiTed  or  enjoyed,  and  the  leverhon  and 
reverlions,  remainder  ant!  remainders,  rents,  iffiies, 
and  profits  of  ail  and  finguiar  the  laid  premifes^  and  of 
cvt  ry  part  and  parcel  thereof,  and  all  the  eflate,  right, 
title,  intercll,  ufe,  truft,  inheritance,  benefit,  property, 
claim,  and  demand  whatfoever  of  him  thefaid  Thomas 
Hall^  of,  in,  and  to  the  fame  premifes,and  every  or  any 
part  or  parcel  thereof.  '1  o  have  and  to  hold  the  faid 
meiruages,  lands,  tenements,  hereditaments,  .and  pre- 
mifes  herein  before  mentioned  to  be  hereby  bargained 
and  fold,  and  every  part  and  parcel  thereof,  with  tht  ir 
and  every  of  their  appurtenances  unto  the  faid  tchnind 
Gate  and  Joseph  Gale^  and  the  heirs  of  the  faid  Jo- 
seph Gaiey  Neverthelefs  as  to  the  eflate  and  interelt  of 
the  faid  Joseph  Gale  and  his  heirs,  in  truft  for  the  faid 
£dmund  Gn/c,  his  heirs  and  afiigns  for  ever.  And  the 
faid  Thomas  Hull  doth  hereby  promife  and  grant  for 
himfclf  and  his  heirs  that  he  the  faid  Thomas  Hall  and 
his  heirs,  the  faid  meifuages,  lands,  tenements,  and  all 
md  Hiigular  other  the  premife^  herein  before  mention- 


BILL.  237 

eJ  to  be  hereby  barf^aincd  and  fold,  and  every  part  and 
parcel  ihcrcoi",  uiih  their  and  every  of  ihcir  appmtc- 
nancey  unto  ihc  faid  Edmund  Gale  and  Joseph  Cale^ 
and  to  the  heirs  of  the  laid  Joseph  Gale,  in  truft  as 
aforefaid  agaiiiil  him  the  laid  'Tboinas  Hall  and  liis 
heirs,  and  againllall  and  every  other  perfon  orpeiibns 
vvhomfoever,  Ihall  and  will  warrant  and  ever  defend  by 
thefe  prcichts.     h\  witneib,  £;.c. 


Single, 

Know  all  men  by  thcfe  prefents,  that  I  Abncr  Bobb^ 
of  ,  do  acknov.ledge  mrlelf  to  owe  and  be  in- 
debted unto  Robert  Tracy,  of ,  the  fum  of , 

lawful  money  of  the  United  States^  to  be  paid  to  the 
fdid  Robert  Tracy^   bis  exeentors,    adminiftrators  or 

aOigns,   upon  the day  of next    enfning  the 

date  hereof  ;  to  m  hich  payment  well  and  truly  to  be 
made,  1  hind  mvfclf,  my  heirs,  executors  and  adminif- 
trators,  firmly  by  thefe  pi  efents.     In  w  itncfs,  S;c. 

PcnaL 

This  bill  bindcth  mc    Adam    Boon^  of ,  in  the 

fum  of  tiMO  hundred  dollars,  to  be  paid  un'o  'John 
Younir^  his  certain  attorney,  executors,   adminillraiors 

or  ailigns,  on  or  before  the day   of ,  which 

will  be  in  the  year ,  tc^^ether  with  lavlul  intcreft 

for  the  ianie  ;  tor  the  Uue  payment  whereof,  1  do 


538  ^  BILL. 

bind  myfelf  ni}^  heirs,  executors  and  adminillrators, 
tind  every  of  them,  unto  the  {i{\(\  John  Young,  his 
executors,  adminiftrators,  and  afiitijns,  in  the  penal  fum 
oljour  hundred  AoM^x^.     In  vvitnefs,  ^c. 


Judgment. 

This  bill  blndeth  me  Adam  Bird,  of ,  in  the 

fum  o^  one  hundred  dollars,  to  be  paid  unto  Conrad 
Doe,  his  certain  attorney,  executors,  adminiftrators  or 

afligns,  on  or  before  the day  of  ,  which  will 

be  in  the  year ,  together  with  lawful  intereft  for 

the  fame  :  for  the  true  payment  whereof,  1  do  bind 
anyfelf,  my  heirs,  executors  and  adminiftrators,  and 
every  of  them,  unto  the  faid  Conrad  Doe, \\\s  executors, 
adminiftrators  and  afligns,  in  the  penal  fum  of  tvoo 
hundred  dollars.  And  further  I  do  hereby  empower 
any  attorney  of  any  of  the  courts  of  record  of  this  ftatc, 
or  elfcw'hcre,  to  appear  for  me,  and  after  one  or  more 
declarations  filed  for  the  above  penalty,  thereupon  to 
confefs  judgment  or  judgments  againft  me,  as  of  laft, 
next,  or  any  other  fubfequent  term,  with  ftay  of  execu- 
tion till  the'faid • —  day  of ,  in  the  year and 

releafe  of  errors.     In  witnefs,  i^c. 

ICP  This  power  to  confefs  judgment,  may  alfo  be 
added  after  a  common  bond. 


Of  CrediU 

This  prcfeiit  writing  witneffcth,  thati,  Richard  CoXy 

q{ ,  merchant,  do  promife  and  undertake  to  and 

with  John  Fox,  of ,  merchant,  his  executors  and 

adminiftrators,  that  if  he  deliver  unto  Ciirtis  Roe,  or 
any  of  his  aftgns,  to  his  ufe,  any  fum  or  fums  of  money, 
amounting  to  the  fum  of  — — •  dollars,  or  under,  and 


BILL    OF    SALE.  239 

•flia'l  tal^e  in  my  name  a  bill  under  the  hand  and  feal  of 
ihe  laid  Cunis  lioc\  tonrefllng- and  lho\ui!g  die  cer- 
tainty thercoi;  that  then  1,  my  executors  or  admini- 
Jlrators,  havnif^-  the  lame  bill  delivered  to  me  or  them, 
Ihall  immediately  upon  ihe  receipt  of  the  ilmie,  pay  or 
canl'e  to  he  paid  unto  the  laid  "Jobn  /'ojc,  his  executors, 
adminiftrators  or  aHifiis,  all  Tach  I'lims  of  money  as  Ihall 
be  contained  in  the  laid  bill  ;  for  uhich  payment  ii\ 
manner  and  form  aforelliid,  well  and  truly  to  be  made, 
I  bind  myfelf,  my  heirs,  executors  and  adminiftrators, 
by  thefe  prefcnts.   In  \vitntfb,  c^V, 


G/  Exchange. 

Philadelphia^   1st  January^  181— < 
Exchange  dls.  100. 
^hir, 
Fifteen  days  after  flight  pay  to  John  Dim,  or  order, 
this  my  firll  bill  of  eiichange  for  one  hundred  dollare, 
(the  fecond  of  the  fame  teiior  and  date  not  being  paid), 
for  value  received,  as  advifed  bv 

Your  moll  obedient  fervant,- 
Timothy  Xecdy. 
To  Mr.  Charles  Slack,  ,  '    ■ 


0t  ^alc* 

0/  Goods. 

Know  all  men  by  thcfe  prefents,  That  T,  Pefsr  Stonf, 

^f ^  merchant,  {or  in   c  ' '■  •■  ^  ^  M>n  (.f  thr.fum  of 

vine hunii;-ed(\o\]sLYS,  to m  dby Isaac  Lenk, 

of  the  lame  place,  atanu  uciarc  luc  eufeuliujj  and  Ueli^ 


240  BILL    OF    SALE. 

very  of  thefe  prtreiits,tlie  receipt  whereof  is  liercb}'  ac- 
knowledged, have  bargained,  fold  and  delivered,  aad 
by  thefe  prefents  do  bargain,  fell  and  dejivcr,  unto  ihe 
faid  Isaac  Leak,  [here  insert  the  goods  sold']  :  To 
have  and  to  hold  the  faid  [^goods],  unto  the  faid  Isaac 
Leak^  his  executors,  adminiflrators  and  afiigns,  to  his 
and  their  own  proper  ufe,  benefit,  and  behoof,  for  ever. 
And  I,  the  faid  Peter  Stone^  my  heirs,  executors  and 
adminiflrators,  the  f:tid  bargained  premiles  unto  the 
faid  Isaac  Lcah^  his  executors,  adminiflrators  and 
alTigns,  from  and  againfl  all  perfon  and  perfons  Vvhom- 
foever,  fliall  and  will  warrant,  and  for  ever  defend,  by 
thefe  prefents.  In  witnefs  whereof,  ^c* 


Of  Land. 

Know  all  men  by  thefe  prefents,  That  \^Adam  Bird^ 

of ,  for  and   in  confidcration  of  the  fum  of , 

to  me  in  hand  paid  by  Caleb  Dick,  of ,  at  and  be- 

fore  the  enfeuling  and  delivery  hereof,  the  receipt 
whereof  is  hereby  acknowledged,  have  granted,  bar- 
gained, fold,  releafed  and  confirmed  ;  and  by  thefe 
prefents,  do  j^rant,  bargain,  fell,  releafe  and  confirm  un- 
to the  faid  Caleb  Dick,  his  heirs  and  afligns,  ail  my 
eftate,  right,  title,  interefl. property, claim  and  demand, 
•whatfoever,  of,  in,  to,  or  Out  of  a  certain  tra6l  or  par- 
cel of  land,   fituate  in ,  containing  ^i^r^d"  hundred 

acres,  or  thereabouts,  be  the  fame  more  or  lefs,  furvey- 
ed,  or  intended  to  be  furveyed,  by  virtue  of  a  warrant 

for  the  fime,  bearino;  date  the ,  Together  with  all 

and  fmgular  the  rights,  members,  and  appurtenances 
thereunto  belonging  ;  and  the  reverfions  and  remain* 
ders,  rents,  ifTues  and  profits  thereof ;  and  together 
■with  the  fcud  warrant,  and  all  benefit  and  advantage 
thereof,  to  hav-e  and  to  hold  the  faid  tn'6l  of  land,  and 
premifes,  hereby  bargained  and  fold,  or  mefttioned,  or 


BILL    OF    SALE.  241 

j.-.tcndcd  lb  to  be,  with  the  appurtenances,  unto  thefaid 
(Jahb  D'lck^  his  heirs  and  aliij^ns,  to  the  only  proper 
life  and  behoof  of  the  laid  Caleb  Dick,  his  heirs  and 
afiigns  for  ever  :  And  the  laid  Adam  Bird,  and  his 
heirs,  the  fi\id  hereby  granted  premilcs,  unto  the  laid 
Caleb  Dick,  his  heirs  a..d  afligns^  againft  him  J:he  laid 
.ddam  Bird,  and  his  heirs,  ard  againll  all  and  every 
other  perlbn  and  perfons  whomfoever,lavvfully  claiming- 
or  to  claim  by,  from,  or  under  him,  them,  or  any  of 
them,  Ihall  and  will  warrant,  and  for  ever  defend,  by^ 
thefe  prefents.     In  witnefs,  &e. 


Of  Goods  and  Chattels. 

Know  all  men  by  thefe  prefents,  that  I  .Abncr  Bgx% 

of ,  in  conlideration  o^froc  hundred  dollars,  to  me 

in  hand  paid  by  Caleb  Dick,  of ,  at  and  before  the 

iealing  and  delivery  of  thefe  prefents,  the  receipt  where- 
of I  do  hereby  acknowledge,  have  granted,  bargained, 
fold  and  confirmed,  and  by  thefe  prefents  do  grant, 
bargain,  lell  and  confirm  vmto  the  faid  Caleb  Dick,  all 
the  goods,  houfehold  Huff,  and  implements  of  houfe- 
hold,  and  all  other  goods  and  chattels  whatfoevcr  mcn« 
tioncd  in  the  fchedule  hereunto  annexed,  now  remain- 
ing and  being  in :    To  have  and  to  hold  all  and 

iingular  the  faid  goods,  houfehold  (luff,  and  implements 
of  houfehold,  and  every  of  them,  by  thefe  prefents 
granted,  bargained,  fold  and  confirmed  unto  (the  only 
proper  ufe  and  behoof  of)  theHiid  Caleb  Z)ic^,  his  ex- 
ecutors, adminillrators  and  affigns  for  ever,  freely,  qui- 
etly, peaceably  and  entirely,  without  any  contradi6lion, 
claim,  diftnrbance,  or  hindrance  of  any  perfon  whatfo- 
evcr, and  without  any  account  to  me,  or  to  any  other 
whatfoevcr,  to  be  made,  anfwered,  or  hereafter  to  be 
rendered  ;  fo  that  neither  I  the  fi.iid  Abncr  Box,  nor 
jinv  other  for  me,  or  in  my  name,  oughf  to  cxa^,  cixal- 

[31  ,1 


24i  B  1  L  L    o  F    5  A  L  E, 

knge,  claim  or  demand,  at  any  time  or  times  hercaifery 
any  right,  title,  intticft  or  demand,  of,  in,  tour  lor  the 
faid  goods, 'iiouiehold  Huff,  and  implements  of  iioiife- 
hold,  or  any  part  or  parcel  thereof,  but  from  all 
aclion,  right,  title,  eftate,  claimy  demand,  poirc.il'on^ 
and  intereft  thereof,  Ihali  be  \v holly  barred  and  exclud- 
ed, by  force  and  virtue  of  thefe  prefents.  And  i  the 
faid  Abner  Box  for  myfelf,  my  executors  and  admini- 
ilrators  fliall  and  will  warrant  and  for  ever  defend  all 
and  lingular  the  faid  goods  and  lioufehold  llufi^mto  the 
faid  Caleb  D'lck^  his  executors,  adniinillrators  and  af- 
figns,  againft  me  the  faid  Abner  Jiox^  my  executors^ 
adminiilrators  and  affigns  and  i^ganift  all  and  every  o» 
ther  perfon  and  perfons  whatfoever,  of  which  goods, 
houfehold  ftuff,  implements  of  houfchoid,  and  all  other 
goods  and  clrattels  whatfoever  mentioned  in  the  fche- 
dule  hereunto  annexed,  I  the  faid  Abner  Box^  have  put 
the  faid  Caleb  Dick,  in  full  poffeffion,  by  delivering 
him  one  dozen  siher  spoo?is,  in  the  name  of  all  the. 
faid  goods  and  chattels,  at  the  fealing  and  delivery 
Jiereof.    -In  witnefs,  &c. 

Sealed  and  delivered,  and  livery  and  feinn  of  the 
goods  and  premifes  above  bargained  and  fold,  deliver- 
ed by  the  faid  Abiier  Box,  giving  and  delivering  to' 
the  faid  Caleb  Dick,  one  dozen  siher  spoons,  in  the 
name  of  the  whole  goods  and  premifes,  in  the  prefencer 
©f,  Sec. 


Or  livery  and  &ifin  maybe  endorfed  thus  : 

Memorandum  :  The  day  and  year  firft  within  writ- 
ten, livery  and  feifin  of  the  goods  and  premifes  withia 
bargained  and  fold,  was  delivered  by  the  faid  Abner 
Box,  to  the  faid  Caleb  Dick,  by  the  fiiid  Abiier  Box's 
giving  and  delivering  to  the  faid  Caleb  Dick,  one  dozere 
ojher  spoons^  in  the  ^ame  of  livery  and  feifm  of  the- 


BILL     OF     SALE. 


:ci'j 


ji'Iiole  goods  and  premifcs   within  mentioned,  in  the 
prelcncc  ofus. 


0/  a   Part  of  a  Ship. 

To  all  to  whom  thefe  prefents  iliall  come,  I  Abel 

^Bruce,  of  ,  lend  t^rectiiig'.      KniAvyc,   diat  1  .Jbcl 

J^ruce^  for  and  in  conlidcrution  ol'thc  fum  of  two  tbuu- 
-j^7/r/ dollars,  to  me  in  hand  {)aid  by  Charles  Doe^  the 
receipt  wliereof  is  hereby  acknoulcdi^ed,  have  'granted, 
bargained,  fold  and  confirmed,  and  by  ihefe  prefents, 
do  grant,  bargain,  fell  and  confirm  unto  the  faid  CZ^^r/t'.? 
Doc,  his  executors,  adminiflrators  and  afligns  for  ever, 
the  one  full  eighth  part  of  the  ililp, called  the  XcptiinCy 
of  the  port  of  Philadelphia^  in  the  county  of  Phila- 
delphia^ of  the  burthen  of  ?/6;tc'  hundred  tons, or  there- 
abouts, and  whereof  one  Pufus  Green,  is  at  prefent 
mader,  now  lying  and  being  in  Philadelphia,  together 
•with  one  full  eighth  part  of  all  the  malls,  fails,  fail  yards, 
:aRchors,  cables,  ropes,  cords,  boats,  oars,  pieces  of 
•ordnance,  guns  gunpowder,  fl-;ot,  tackle,  :tppatel,  am- 
mimition,  provifion  and  fuiniture  to  the  faid  lliip  be- 
longing or  ajjpertaining:  To  have  and  to  hold  thefaid 
eighth  part  of  the  faid  flilp,  and  all  other  thopremifes 
hereby  bargained  and  fold,  Avith  their  and  every  one  of 
their  appurtenances,  and  every  part  and  parcel  thereof^ 
unto  the  faid  Charles  Doe,  his  executors,  achnini- 
ftiators  and  alTigns  for  ever,  as  his  and  their  own  pro- 
per goods,  and  to  his  and  their  own  proper  ufe  and 
tifes  for  ever.  And  I  the  faid  Alhl  Bruce,  do  for  my- 
felf,  my  heirs,  executors  and  adminiltrators.  covenant, 
grant  and  agree,  to  and  with  the  faid  Charles  Doe,  his 
executors  and  aHigns  by  thcfe  prefents,  that  1  the  f  lid 
Jlbel  Bruce,  at  the  tin^e  of  fealin!^  and  clclivery  hereof 
(notwithllanding  any  a6\  or  thing  done  by  ine  to  the 
contrary)  am  the  true  aud  lawful  owner  and  proprietor 


244  B  I L  L    OF    S  A  L  E. 

of  the  fiiid  eighth  part  of  the  faid  fliip  and  prcmifes^ 
hereby  granted,  with  the  ai'purvenantes,  and  have  full 
power  and  lawful  authority  (notwithltanding  fuch  a6l 
or  thing  as  aforeiaidy  to  graiit  and  convey  the  faid  eighth 
part  of  the  laid  lliip  and  picmifes  hereby  mentioned 
to  be  granted,  uith  the  appurtenances,  unto  the  faid 
Charles  Doe^  his  executors,  adminiltrators  and  aiTigns, 
in  manner  and  form  aforefaid  :  And  that  it  Ihall  and 
may  be  lawful  to  and  for  the  laid  Charleys  Doe^  his  ex- 
ecutors, adminiftrators  and  affigns,  from  time  to  time, 
and  at  all  times  hereafter,  quietly  and  peaceably  to 
have,  hold  and  enjoy  the  fliid  eighth  part  of  the  faid 
iliip,  and  all  other  the  premiies  hereby  granted,  with 
the  appurtenances,  without  any  let,  molellation,  dis- 
turbance or  denial  of  me,  the  faid  Abel  Bruce ^  my  ex^- 
ecutors,  adminiftrators  or  afiigns,  or  of  any  other  per- 
fon  or  perfons  whatfoever,  lawfully  claiming,  or  to 
claim,  from,  by,  or  under  me,  them,  or  any  of  us, 
\jexcept^^c.\  IfreefromincumbraJices.^inwhuds.^c. 


Of  Goods  Distrained  Jar  Rent. 

This  indenture  made  the day  of— — ,  between 

J\''oah  Cuts,  (the  landlord)  of ,  John  Roe.  she- 
riff oi ;  Damd  Cone,  of ;  and  Henry  Rich^ 

of ,  of  the  one  part  :  and  John  Snow,  of ,  and 

Titus  Slack,  of ,  of  the  other  part,  witnefTeth, 

That  it  is  affirmed  by  the  faid  J\'oah  Cuts,  and  teftified 
by  the  faid  David  Cone,  upon  his  oath,  fworn  before 
the  faid  sheriff,  that  on  the  Jirst  day  of  May  laft  paft, 
the  faid  J\oab  Cuts,  in  the  prefence  of  the  faid  Da%nd 
Cone,  did  enter  into  a  melTuage  and  lands,  called  South 
Farms,  \n\\\Q  Qownty  o^ Berks,  Siwd  for  one  hundred 
and  eighty  dollars  of  rent,  on  the  Jirst  day  of  October 
laft  paft,  due  to  him  the  faid  Noah  Cuts,  froi^  Samuel 
Frazcr,  upoo  a  demife,  whereby  the  faid  Samuel  Fra- 


BILL     OF      SALL.  i^i:^ 

zcr  held  the  faid  farm  of  the  fnid  Noah  Cuts,  and  did- 
diflrain  there,  and  Tuund  the  goods  and  chaitcls  follow, 
ing,  viz.  [_Insert  the  i^oods  distrained.^  Anditi.s  further 
teitified  by  the  faid  DaDid  Cone^  and  alfo  by  John 
Fee  and  Henry  liicc,  upon  their  oaths,  fworn  before 
the  faid  shcr'ijf\  that  after  fnchdiibefs  taken^to  vrit,  oa 
ihcfixt/j  day  of  May  lad  paft,  tlie  faid  Noab'  Cuts,  did, 
at  the  chief  manfioii  hoid'e  of  the  faid  farm,  apd  at  fun- 
dry  other  places  in  the  faid  county,  give  public  notice, 
of  the  faid  dilb-efs,  and  the  cai'.fe  thereof,  and  a  note 
thereof  in  writing,  expreiTmg  the  particular^  oflhefald 
goods  and  chattels  diftrained,  and  of  the  faid  rent  for 
which  the  fame  were  diilrained,  did'then  and. therie  de- 
liver unto  ^/isa^t'^'/^,  daughter  of  the  faid  Samuel Fra- 
zer^  and  the  faid  Damd  Cove,  John  Fee,  and  Henry 
Rice,  upon  their  oalhs  aforefaid,  have  truly  'appraifed 
all  the  faid  goods  aud  chattels  diflraincd,  at  — dol- 
lars. And  this  indenture  vvitnefTeth,  that  the  faid  goods 
and  chattels  being  yet  unrcplevied,  the  faid  Konh  Cuts 
with  the  flierixT aforefaid,  for  and    in  conlldeiation   of 

dollars,  being  the   beil  price  that  can  be  gotten 

for  the  faid  goods  and  chattels,  by  the  faitl  John  Snoiv 
and  Titus  Slack,  paid  to  the  faid  Xoah  Cms,  towards 
fatisfiiclion  of  the  faid  rent  of  one  hundred  and  eighty 
'lollars,  for  which  the  faid  goods  and  chattels  were  dif- 
irained,  Have  bargained  and  fold,  and  by  thefe  prefents 
do  bargain  and  fell  unto  the  ^^\(\  John  .SV/oou  and  Titus 
Slack,  all  the  goods  and  chattels  hereinbefoic  men- 
tioned, to  be  diRrained  as  aforefaid.  To  hold  unto 
the  faid /o/;/z  Snoiv  and  Titus  Slack,  ^^^\c\t  only  pro- 
jicr  goods  and  chattels  forever.     In  witnefs,  See. 

IFhat  is  necessary  to  be  done  to  const: tufj  a  j-ood  Bill 
of  Sale. 

J.  is  indebted  to  B.  and  C.  in  a  confiderable  fum  of 
mouevjandis  willing  to  fecure  the  fame  by  warrant  of 


545  "B  O  .N  U.  ^ 

■attorney,  or  execntlon  to  be  thereupon  fued  out,  or  a 
bill  off  lie  oi  his  cffecls,  vvita  delivery  of  the  iinp.icdlatc 
|roiTeilion. 

Qu.  Will  a  bill  of  fale  be  as  erftflual  as  an  exeeuti- 
on,.uridas  ^.  t'oes  no\v,aiKi  wiil  alur  poiielTidn  deliver- 
ed, appear  publicly ,  caw  a  ilatuie  fuj.eifedt  piO'^t edings 
in  either  of  iheft  cafes  ?  Pray  advife.  w  hich  is.the  pro- 
pereil,  and  whether  by  reaibn  ol  tlie  expeniVof  lhe 
ilicriii  's  fees,  a  biii  of  fale  vvid  not  be  as  good  againft 
■Oi:her  Ciaiuis  as  an  e-Kccution., 

If  pofTt  ffion  be  fairly  delivered  immediately,  I  think 
a  bill  of  fide  the  fafeft  and  bell  ^-tay,  and  if  A  ap;)ears 
iniblicly  at  the  time  of  the  execunon  of  the^jbill  of  file, 
and  has  committed  no  a6i  of  bankruptcy  before  ;  to  be 
fure  the  bill  of  fale  made  for  a  vahiaWe  cgnfideration, 
♦will  be  G;ood  notwithftanding  any  commifiion  of  bank- 
mptcy  tliut  may  be  afterwards  taken  out.  See  1  //"//- 
Tiaras'' s  Precedents.  287. 


If-T"  t^  bond  or  obligation  is  a  deed  in  writing,  whei'^- 
by  one  man  binds  hi-mfelf  to  another  to  pay  a  fum  of 
^ncney,  or  to  do  or  fuffer  fome  other  thing. 

He  that  makes  this  <}.e.(^(S.  is  called  the  obligor^  and  he 
to  whom  it  is  made  is  called  the  obligee. 

An  obligation  is  fometimes   firaple  or  fmgle,  i.  e. 
v/lxen  it  is  to  pay  a  fum  of  money  or  to  do  fome  other 


BON  D.  247 

^hfng,  and  ^vhcn  it  is  without  any  dcfeaHince  or  coTidi- 
tioiJ  111  or  annexed  lo  it,  uhich-aifo  is  louittinics  \vi:ha 
pejralty,  ciiUcd  a  penal  !5ill,..ar:d  i'<'UK'timcs  without  a 
penalty  :  and  this,  is  that 'xhich  i  iy  cailcii 

an  obligationr  ar.d'fr.!T>.ci;ini<':y  alii'  ..  •.  '...•.,. <.\i  a  lingle 
bill,  or  liiif;'e  Ixjud  ;  arfl  fomctimcs  ?t  is  ttou1iU»  or 
conditional  ;  which  is  when  it  is  atiended  by  ar.d  ac- 
companied with  a  condition  ;•  and  thti!  it  is  faid  to  be  a 
bond  containir.g-  a  penalty,  with  condition  to  pay  mo-- 
ncy,  or  .to  do  orfiillcr  Ibmc  act:  or  'hiiij^,  {kc.  And  tliis 
condition  is  ,  I'ometin^cb  callccr  a  d^realahce,  and  then 
cfpeeially  when  it  isYas  fometimes  is  the  cafe;  in  ana- 
ther  deed  or  inllrinnent ;  for  nioft  commonly  it  is  in- 
fcrted  in  the  Time  deed  wherein  the  obiigaiion,  beini^ 
the  other  pif:t  of  it,  is  contained.  And  tlien  alio  it  is 
eitlier  hiblcribrdunderthe  ohiig;a*Ton,or  included  with- 
in the  body  Oi'-it,  or  inrlorfed  upon  tliebacK  of  it-  And 
in  either  cafe  if  the  condition  be  performed,  the  penalty 
is  faved,  if  not,  the  penalty  is  forfeited. 

Although  the  bcfl  manner  and  form  of  an  obligation 
is  that  which  is  moil  ufual,  yet  any  words  in  a  a\ i iting 
fealed  and  delivered,  whereby  a  man  proves  and  de- 
(lares  himfelf  to  have  another  man's  money,  or  to  be 
indebted  to  him,  A'.dll  make  a  good  obligaiion  ;  and 
therefore  if  a  man  by  deed  fays  but  this  :   **  Memoran 

dnin,  that  I  J.  B.  of ,  do  owe    to  C.  D.  of , 

one  bi/?idrccU\o\h\rs,  to  be  paid  the  Jirst  day  of  JA:v 

next."     Or,  "  Memorandum,  that  I  J.  B-  of ^.. 

have  had  of  C.  D.  of  ,  one  hundred   dolhirs,  of 

T\  hieh  there  \s  fifty  dollars  behind,  'or,  of  which  I  owe 
to\\\m  fifty  dollars)."  All  thefe  and  fueh  like  are  good 
obligations. 

The  condition  of  an  obligation  may  be  either  in  the 
fame  or  in  anoiher  i\v.c(\,  and  it  may  be  indorftd  on  the 
back  of  the  obligation,  fiibfcribed  under  it,  or  contain- 
ed  within  it ;  !xit  the  beft  way  to  make  it  is?  the  ufual 


243  BON  D. 

wa}%  viz.  "The  condition  of  this  obligntion  is  fnch/ 
kc.  and  yet  if  it  be  other  wife  it  miiy  be  good  ;  for  if 
an  obligation  be  made  fromiy/^  to  B.  and  on  the  back 
of  ttie  lame  thefe  words  are  indorfed  :  (that  whereas 
the  within  bounden  A.  is  bound  to  i/.  in  one  hundred 
dollars,  yet  B.  willeth  and  granteth,  that  if  A.  pays  to 

B.ffiy  dollars  on  or  before  the day  of- — ,  that 

then  the  obligation  Ihall  be  void  ;)  this  is  a  good  con- 
dition. 

The  condition  of' ^!t.  obligation  may  be  to  do  any 
lawful  or  pofiible  thing,  as  to  pay  money,  deliver  goods 
or  cattle,  acknowledge  a  llatute,  enter  into  an  obliga- 
tion, make  a  releaie,  fell  an  efi.ate,  furrender  an  eflate, 
make  reparations,  for  quiet  enjoying,  to  f-ye  harmlefs, 
to  defend  a  title,  to  perform  covenants,  to  abide  by  an 
award,  to  perfprm  a  will,  to  give  fo  much  land  or  mo- 
ney in  legacy,  to  purchafe  lands,  to  appear  ia  court,  to 
rnarry  another,  not  to  fue,  not  to  meddle  with  any  c::- 
ecutordiip,  not  to  revoke  a  letter  of  attorney,  not  to  be 
furety,  not  to  play  at  cards  or  dice,  or  any  fuch  thing  ; 
and  fuch  a  condition  is  good.  So  aifo  it  feems  a  con- 
dition that  a  man  ihallnot  fell  his  goods,  is  good.  But 
when  the  matter  or  thing  to  be  done  by  the  condition 
is  unlawful  or  impoffible,  or  the  condition  itfelf  is  re- 
pugnant, infenfible  or  uncertain,  the  condition  is  void, 
and  in  Ibme  places  the  obligation  alfo. 

A  fingle  obligation  is  always  taken  mod  in  advan- 
tage of  the  obligee  and  againft  the  obligor  ;  but  it  is 
otherwife  of  the  condition  of  an  obligation  ;  for  this  is 
always  taken  moll  in  advantage  of  the  obligor  and  a- 
crainft  the  oblic;ec. 

The  condition  of  an  obligation,  when  it  is  doubtful, 
is  always  t;.4; en  moft  favorably  for  the  obligor  in  whofe 
advantage  it  is  made,  and  moll  againft  the  obligee,  yet 
xo  as  an  equal  and  reaionable  conflru^lion  be  made  ac- 


BOND,  £49 

cording  to  the  minds  of  the  parties,  although  words 
ibuiui  to  a  contrary  uudtrilandiiij^. 

!f  fomcthing  be  by  condition  to  be  done,  and  it  is  fct 
do'.vrt  indefinitely,  and  not  fetdoun  vho  (hall  do  it,  if 
the  obijgee  has  more  Ikill  to  do  the  thing  than  the  ob- 
ligor, it  Ihali  be  done  by  him,otIier\vife  ii  fhall  be  done 
by  the  obligor  ;  as  if  a  tayior  be  bound  to  me  in  an  ob- 
lig;Uion,  with  condition,  that  il'l  bi  inp:  hiin  three  yards 
ol"  cloth,  M  hich  (hall  be  mealured  and  lliaped  ;  and  il  he 
makes  mc  a  cloak  of  it,  &c.  and  it  is  not  faid  by  whom 
it  ihall  be  lliaped,  this  mud  be  done  by  the  tayior. 

Ifthe  condition  ofi'.n  obligation  he  to  pay  money,  or 
to  do  any  ot'v-!'  tranfuory  acl;  to  the  obligee  hiinfclf,ancl 
no  time  is  fet  for  the  doing  thereof,  but  a  place  only  ; 
this  regu'aily  malt  be  done  in  convenient  time,  and 
that  without  requed. 

Ifthe  condition  of  an  obligation  be  to  pay  money,  or 
to  do  any  like  tranfitory  a6l  to  the  obligee,  on  a  day 
certain,  but  no  place  isfet  down  where  it  fliall  be  done  : 
in  this  cafe  it  mull  be  done  to  the  perfon  of  ihe  obligee 
wherever  he  be  ;  and  for  this  purpofe  the  obligor  mull 
at  his  peril  feek  out  the  obligee,  if  he  be  in  the  flate, 
otheruifc  the  obligation  is  forfeited  ;  but  ifthe  obligee 
be  not  within  ihe  Hate  at  the  time  w-hcn  the  thing  is 
to  be  done,  he  is  not  bound  to  feek  him  ;  fo  neither  is 
the  obligation  forfeited  for  not  doing  of  the  thmg  ;  but 
when  the  thing  the  party  is  bound  by  the  condition  to 
do  is  local,  he  is  not  bound  to  go  any  further  or  to  any 
other  place  but  the  place  itfelf;  and  therefore  if  the 
condition  be  to  make  a  feoffment  of  a  piece  of  land,  the 
party  that  is  bound  to  do  it  is  not  bound  to  go  to  any 
other  place  but  to  the  piece  of  land  to  do  it. 

Ifthe  condition  be  to  deliver  one  hundred  bufliels 
of  wheat  on  fuch  a  day  to  the  obligee,  and  no  place  \^ 
[  32] 


s 


250"  BOND. 

fet  down  where  it  fliall  be  delivered  ;  in  this  cafe  it  i§ 
fufficlent  if  the  obligor,  when  the  wheat  ib  ready,  give 
noiice  thcreol"  to  the  obligee,  and  dchres  him  to  ap- 
point a  place  \Aherennto  the  obligor  may  bring  it,  and 
if  he  refufes  to  appoint  a  place,  it  is  at  his  own  peril  ; 
or  the  obligor  may  bring  the  wheat  to  the  hoiife  of  the 
obligee,  (and  this  is  the  fafeil  way)  and  if  the  obligee 
refnies  it,  the  condition  is  performed,  and  the  obliga- 
tion is  difcharged. 

If  the  condition  be,  to  deliver  me  a  horfe,  and  the 
obligor  tenders  the  horfe  to  me,  and  I  refufe  him,  here- 
by the  condition  is  performed, and  fo  in  all  fuch  like  ca- 
fes where  the  obligor  is  to  do  any  collateral  thing,  as 
to  (land  to  an  award  or  the  like  ;  if  the  obligor  offers  to 
do  it,  and  the  obligee  refnfes,  the  condition  is  per^ 
formed,  and  the  obligation  is  difcharged  forever. 

If  the  condition  be  to  pay  money  at  a  day  certain, 
and  the  obligor  pays  a  litde  before  night,  time  enough 
for  the  receiver  to  fee  and  number  his  money  by  day- 
light ;  this  is  a  good  performance  of  the  condition. 
And  if  the  condition  be  to  pay  money  by  or  before  a 
day  ;  payment  the  laft  inftant  of  the  day  before,  is  a 
lufficient  performance  of  the  condition 

If  the  condition  be  to  pay  money  at  a  day  and  place 
certain,  and  the  obligor  tenders  it  at  the  time  and  place, 
and  the  obligee  is  not  ready  to  receive  it  ;  or,  being 
ready,  refnfes  to  receive  it ;  this  is  a  good  performance 
of  the  condition  to  favethe  forfeiture  of  the  obligation  : 
and  yet  if  the  obligor  be  afterwards  fued  for  this  money, 
he  mull  fay  in  his  pleading  that  he  is  Hill  ready  to  pay 
3t,and  he  muft  tender  it  in  court. 

If  the  condition  be,  that  the  obligor  fliall  marry  thtf 
daughter  of  the  obligee  by  a  day,  and  he  tenders  hrm» 
felf,  and  fiie  refufes  ;  in  this  eafe  the  obligation  is  for- 
1R;ited  n©twithllan^ing  tlii*  leader  siiid  refufaL 


BOND,  ±51 

3f  an  obligation  that  is  finglc  be  not  performed,  as 
M'hen  ii  is  to  pay  money  at  ii  clay,  and  moiie\  is  not 
paid,  the  obligation  is  broken  ;  but  if  a  man  be  bonncl 
by  an  obhgatioii  to  pay  mom-y  at  fcveral  days,  the  ob- 
ligation is  not  forleited,  nor  can  be  fued  until  all  the 
days  be  palt.  And  yet  if  the  condition  of  an  obligation 
be,  to  pay  money  at  fevcral  days,  and  the  obligor  fails 
to  pay  the  motiey  the  liiil  day  ;  in  this  eafe  the  obligee 
may  fue  for  the  money  due  by  the  obligation  prefently. 

If  the  condition  be,  to  pay  money  to  me  at  a  day  and 
'place  certain,    and  the    money  is  not  tendered  at  the 
lime  and  place,  although  there  be  nobody  ready  to  re- 
ceive it,  if  it  be  tendered  ;  yet  the  condition  is  broken. 

If  the  condition  be,  to  pay  money  tome  at  a  day  and 
place,  and  1  feeing  him  go  to  the  place  to  pay  the  mo- 
ney, defire  him  to  forl3ear,  and  thereupon  he  does  ^o, 
and  does  not  pay  it,  the  obligation  is  forfeited,  and 
this  will  not  excufe.  But  if  i  do  violently  and  actually 
detain  and  hinder  him  fo  that  he  cannot  pay  it,  this 
V'ill    excufe   him. 

If  the  condition  be,  to  pay  me  the  rent  referved  on 
fuch  a  leafe  at  the  times  limited  by  the  leafe,  and  it  be 
not  paid  accordingly  ;  hereby  the  condition  is  broken 
although  i  do  never  demand  the  rent. 

Upon  a  bond  for  performance  of  covenants,  8cc.  the 
obligee  Ihall  recover  no  more  in  equity  than  he  is  really 
danmified  by  the  breach  of  covenants  ;  but  in  an  ac- 
tion at  law  the  whole  penalty  of  the  bond  lliall  be  reco- 
vered from  the  obligor. 

And  chancery  gives  relief  againft  the  penalty  of  a 
bond,  and  though  the  principal,  or  inlereft,  or  damages 
fuftained  exceed  the  penalty,  yet  the  obligee  fliall  not 
recover  beyond  the  penalty. 


25^  BOND. 

For  where  an  obligee  is  plaintiff,  a  court  of  equity 
tvili  noicairy  the  cubt  beyond  the  peiiahy.  LccauU  iie 
hasch(jiei»  his  own  kcariiy  ;  but  it  is  ouitiwile  as  to 
theoDhgor;.  for  he  Who  leeks  equity  mull  do  it j  Ar\(.\ 
therelore  vvhert  the  piaiutiii  came  to  be  reiicved  agaiitlt 
the  penally  ot  a  bond,  though  it  wasTo:(iecfeed,  yet.it 
wab  on  tile  payment  of  priiicipai,-  intert  ft-and  cxVAs  ; 
and  though  they  exceeded  the  pt-nalty,  yet  the  dtciee 
was  aiinmed  ill  th^  houfe  of  Lords. 

If  a  bond  betaken  away  fraudulently,  arid  Cancelled, 
the  obligee  fhah  have  the  fame  benefit  thereby  as  il  it 
had  not  been  cancelled. 

So  \\  hen  an  obligee  lofes  his  bond,  he  fliall  have  his 
remedy  againft  the  obligor  in  equity. 

And  when  a  bond  is  loft,  the  money  may  be  recov- 
ered of  a  furety,  on  proof  that  he  had  feaied  and  enter- 
ed into  the  bond. 

If  a  man  is  under  duress  of  imprisonment^  (i.  e.  a 
compullion  by  an  illegal  rellraint  of  liberty \  until  he 
fcalsa  bond  or  the  like,  he  may  allege  this  durefs,  and 
avoid  the  extorted  bond.  But  if  a  man  be  la^vfuliy  im- 
prifoned,  and  either  to  procure  his  difcharge  or  on  any 
other  fair  account,  feals  a  bond  or  a  (X^td^  this  is  not  by 
durefs  of  imprifonmcnt ;  and  he  is  not  at  liberty^  to 
avoid  it. 


Common  Form. 

Know  all  men  by  thefe  prefents,  that  I  Abel  Bondy 
of  May  town ,  in  the  c  ouvty  oi  Lancaster,  am  held  and 
iirmly  bound  unto  Betsy  Aliworthy .,  of  Middlctoivn^m 

the  county  of  Dauphin,  in  the  fum  of dollars,  of 

good  and  law  ful  money  of  the  United  States,  to  be  paid 
to  the  faid  Betsy  Allviorthy^   or  her  certain  attorney, 


BOND.  u:3^ 

executors,  adminiilriitors  or  afTi^ns  ;  to  wliich  payment 
well  and  truly  to  bt  made  and  done,  i  do  bind  mvRIf*, 
ryiy  heirs,  execiiloi  b  and  adnuuiilrators,  and  every  of 
them,  tirmly  by  tlicie  prtlents  :  Sealed  with  wy  leal, 
dated  the day  of Anno  Domin; ; 

The  condition  of  this  obligation  is  fuch,  Ihat  if  the 
above  boui\i\  .idci  Bond,  liis  heirs,  executors,  achviini- 
llrators,  or  any  of  them,  ihall  and  do  well  and  truly  [)ay 
or  caule  to  be  paid,  unto  the  above  named  Ecisy  All- 
^doitbyy    her  executois,    adminilbators  or  ailii^ns,  the 

ju(t  and  full  fum  of of  Ian  fill    money    aforefaid, 

with  legal  intcred  for  the  fame,  on  or  before   the  

(Xixy  of ,  without  fraud  or  further  delay,  then  this 

obligation  to  be  void  and  of  none  effect,  or  elfe  to  be 
and  remain  in  full  force  and  virtue.* 


From  tvjo  to  one. 

Know  all  men  by  thcfc  prefents,  that  we  Jmos  Bond, 

of ,  and  Ciiic'/;  Doe,  of  ,  are  held  and  lirmly 

bound  to  F/i  Fox,  of ,  in  the  fum  of of  good 

and  la\\ful  money  of  the  United  States,  to  be  paid  to 
the  laid  Eli  Fox,  or  his  certain  attorney,  executors,  ad- 
miniibators  or  afligns  ;  to  which  payment  wt !1  and 
truly  to  be  made,  we  bind  ourfelves,  and  each  of  us,  by 
himfclf,  \_[fonc  of  the  obl'i^^ors  be  a  •moman,  ivritr  tbiis, 
viz.  by  him  and  herself  ^  ^ov -AWfX  in  the  whole,  our 
heirs,  executors  and  adminiilrators,  and  each   of  us, 

*  By  adding  tlie  followini^  after  "  virtue"  it  beccmes  a  jndg- 
iiicnt  bond  : — "  And  funlicr,  1  ilo  herthy  en^poweriuiy  atturiicy  of 
any  of  the  courts  ol"  record  ott-liis  state,  orclsewhcre,  to  appei  r  for 
me,  and  after  one  or  more  declarations  filed  for  the  above  penalty, 
theroipon  to  conlcss  judc^nient  or  judgnieiUs  ag.inst  me,  Ss  of 
last,  next,  or  any  other  subsequent  term,  uilh  slay  of  execution 
till  tiic  said day  of——,  in  the  year ,  and  release  of  er- 
rors," 


254.  BOND. 

firmly  by  thefe  prefents  :  Sealed  with  our  fcals,  dated, 
gcc. 

The  condition  of  this  obligation  is  fuch,  Tliat  if  the" 
above  bound  Amoa  Bond,  aiid  Caleb  Doc,  ov  titlicr  of 
thtm,  thtir  or  either  of  their  heirs,  executors  or  admi- 
niib'otorb,do  and fnall  well  aiid  truly  pay  or  caafe  to  be 
paid,  10  the  faid  £//  Fox,   his  executors,  acimitiiiha- 

tors  or  uilii^ns,  the  liiii  fum  of ,  lawful   money  a- 

forcfaid,  with  legal  iutereft  for  the  (lime,  on  or  bclore 

the day  of ,  which  ihah  be  in  the  year  of  our 

J[^ord ,  then  &c.  [_as  in  t/^e  preceding.'] 


From  three  to  one. 

Know  all  men  by  thefe  prefents,  that  we  .^;«0o^7?o^/, 

of ,  Caleb  Doe,  of ,  and  Enoch  Fen,  of , 

are  heJd  and  firmly  bound  to  Giles  Hodge,  of ,  in 

the  fum  of  dollars,  to  be  paid  to  the  faid   Giles 

Hodge,  or  his  certain  attorney,  executors,  adminiftra- 
tors  or  afligns  ;  to  \Ahich  payment  well  and  truly  to  be 
made,  we  bind  ourfelves,  and  every  one  of  us,  by  him- 
felf,  [but  if  d  female  be  an  obligor,  than  as  in  the  last~\ 
for  and  in  the  whole,  our  heirs,  executors  and  admin- 
aftrators,  and  every  of  us,  firmly  by  thefe  prefents : 
Sealed,  &:c. 

The  condition  of  tliis  obligation  is  fuch,  That  if  the 
above  bound  Amos  Boal,  Caleb  Doe  and  Enoch  Fen^ 
or  either,  or  any  cf  them,  their,  or  either,  or  any  of 
their  heirs,  executors  or  adminiftrators,  do  and  lliall, 
Itc. 

From  one  to  two. 

Know  all  men  by  thefe  prefents,  that  I  Amos  Bend^ 
^i  > — --,  am  held  and  firmly  bound  to  Caleb  Doe,  of 


B  O  N  D»  25^ 

,  and  Eli  Fen,  of ,  in  the  fum  of of  good 

and  liixsful  money  of  tlie  United  States,  to  be  puid  to. 
the  ^-.miCiiLb  Boe,  and  Eli  Fen,  or  one  of  them,  or  to 
their  certain  attornie^,  executors,  adminillrators  or  af- 
iii<ns  ;   to  wiiich  payment,  well  and  truly  to  l)e  made, 
I  bind  myfelf,  ikc. 

The  condition  of  this  obligation  is  fnch,  That  if  the 
above  bound  .Imos  Bend,  his  heirs,  executors  or  ad- 
niiuifliators,  doaud  llvili  well  ':x\m\  truly  pay  or  eaiife  to 
be  paid,  to  the  above  named  6V/t'^  Dec,  ixwA  Fli  Ftn^ 
or  either  of  them,  their  or  either  of  dicir  oxcutorsj 
adminiilrators  or  aflii^ns,  theruiliumof,  &c.  Then,  &c. 


From  three  to  three. 

Know  all  men  bv  thcfe  prefents,  tliat  w^  Jnios  Box, 

©f ,  Chirles  Ij-.iU,  of ,  and  Enoch  Frits,  o^ 

' ,  arc  hck\  and  firmly  bound  to  G^'or^-j  JLiy.,  of , 

Isaac  King,  of ,  and  Leonard  Miller,  ef  — , 

in  the  fum  of dollars,  To  be  pa-d  Hy  the  liud  George 

JLiy,  Isaac  King,  and  Leonard  Miller,  or  fome  of 
tliem,  or  their  certain  attornies,  executors,  admiiijllra- 
tors  or  aflit^ns  ;  to  which  payment  well  and  truly  to  be 
made,  we  bind  ourfclves,  and  every  of  us  by  h.imfelf, 
for  and  in  the  whole,  our  heirs,  executors  and  admini- 
ilrators, and  every  of  them,  firmly  by  thcfe  prefents. 
Sealed,  &c. 


From  set^eral,  Male  and  T'einale. 

Know  all  men  bv  tliefe  pri  0  nt<^,  that  we  Benjamin 

Bloom,  of ,  bookseller  ;  IViHiam  Bloomof^ , 

gentleman  ;  Richard  Green,  of    ,    ironmonger  ; 

Grant   Hewitt,  o^ ,    merchant -,  Edmund   Gale, 

dii\(\  Joseph  Galc^  of ,   distillers  Qnd  fjartucrs  ; 


255  B  O  N  D. 

Henry  Gale^  of ,  grocer  ;   George  Port^  cf ^, 

hatter;  Henry  Leach  ^  qI ,  ma  chant  ;    JVlU'iam 

L'lssot  the  younger^  of .gentleman  ;  the  reverend 

Hugh  Thomas,  of ,    doctor   in  dimnity  ;   Sarah 

Smith-,  of ,  spinster  ;  and  Mary  Isaac,  of , 

widow ,  are  held  and  firmly  bound  to  Thomas  JUoom^ 

of —,  ironmonger,  injive  thousand  douurs,  of  good 

and  lawful  money  of  the  Uiuted  States,  to  be  paid  to 
the  faid  Thomas  Bloom,  or  his  certain  attorney,  execu- 
tors or  adminifirators  ;  for  the  true  payment  whereof, 
we  bind  ourfelves,  and  every  of  us,  by  himfelf  and  her- 
felf,  for  the  whole  and  every  part  thereof,  our  and  eve- 
ry of  our  heirs,  executors  and  adminiltrators,  and  eve- 
ry of  them  firmly  by  thefepicfents.  Sealed  with  our 
feals,  and  dated  the . 


jFor  the  Payment  of  Money  by  a  Corporation^ 

The  prefident,  managers  and  company  of  the  — — 
turnpike  road,  do  hereby  acknowledge  to  have  receiv- 
ed of  Aaron  Awl,  one  thousand  dollars,  lawful  money 
of  the  United  States,  which  the  faid  company  promife 
to  repay  to  the  faid  Aaron  JvjI,  his  executors,  admin- 
ifl:rators  or  aifigns,  with  intercft  for  the  fame  from  the 
date  hereof,  after  the  rate  of  fzx  dollars  for  one  hundred 

dollars  by  the  year,  at  • ,  on  three   months  notice 

to  be  given  in  writing,  either  by  the  faid  company,  to 
the  faid  Aaron  Awl,  his  executors,  adminiibators  or 
afligns  ;  or  by  the  faid  Aaron  A%vl,  his  executors,  ad- 
minifirators or  aifigns,  to  the  faid  company's   clerk  at 

:   For  the  true  payment   whereof,  in  manner  a- 

forefdid,  the  faid  company  do  hereby  bind  themfelves, 
and  their  fucceffors,  in  the  penal  fum  o^  two  thousand 
dollars,  money  aforefiiid.     In  witnefs  whereof,  the  faid 


BOND.  ^51 

company  have  caiifcd  iheir  common  leal*  to  be  heic;^ 
unto  uilixcd,  this uay  of . 


j^ond  with  JFjrrant  of  Attorney  to  confess  Judgment^:. 

Know  all  men  by  ihcfe  prefents,  that  1  Titus  Bainn^ 

of ,  in  the   county  ot" ,  and  commonuealtli. 

of •,  am  heidand  tirmly  bound  unto  Samuel ^ag' 

/y,  of ,  ii»  the  fum  of  —  dollars,  to  be  paid  to  the 

faid  Samuel  Quigly^  or  his  certain  attorney,  executors* 
adminiRrators  or  alfigns ;  to  which  payment  v»  ell  and 
truly  to  be  made  and  done,  I  do  bind  m}r:'r,  my  heirs, 
executors  and  adminiilrators,  and  e\  ery  of  them,  iirm- 
Jy  by  thefe  prefents  :  Sealed  with  my  fcal,  dated  the 
■ day  of . 


'• 


The  condition  of  this  obligation  is  fuch,  That  if  the 
above  bound  Titus  Baum^  his  heirs,  executo>h,  admi- 
niftrators,  or  any  of  them,  fliall  and  do  well  and  truly 
pay  or  canfe  to  be  paid,  unto  the  above  named  Samuel 
Q_uigh\    his     executors,     adminiib'ators   or    ailigns, 

thejulland  full  fum  of dollars,  wkh  legal   intereft 

for  the  fame,  on  or  befoi  e  the  ■— ^-  day  of ,  without 


*  A  corporation  being' an  invisible  body,  cmmot  uiamfL'St  its  in* 
tcnlious,  by  any  personal  act  or  oi\4l  cllscoiu'se  ;  it  theiefoie  acta 
and  speaks  only  by  lis  common  seal,  and  by  its  corporate  niMnc. 

A  corponitJon  ciuinot  be  executor  or  administrctor,  or  pcrfornx 
any  personal  duties  ;  for  it  cannot  take  an  o„th  for  the  due  exe- 
cution of  the  office.  It  cannot  be  seised  of  laJids  to  tbe  use  of  ano- 
ther ;  for  such  kind  of  confidence  is  fovoii;ii  to  the  end  of  its  insti- 
tution. An  aggregate  corporation  (i.  c.  consisting  of  nivaiy  per- 
sons united  together  into  one  society)  may  take  goods  and  chattoia 
for  the  benefit  of  themselves  and  their  successors,  but  a  sole  cor- 
poration (i.  e.  consisting  of  one  person  only)  cinnot;  for  s\ich 
moveable  property  is  liable  to  hz  lost  or  einbczzled,  and  would 
raise  a  muliitude  of  disputes  between  the  3ucce^;;or  ajid  ex>ccutorj 
which  the  law  is  cavefij  to  avoid.     I  Biaci  50^i  S;Ca 

[33] 


253  B  O  N^D, 

fraud  or  further  delay,  then  this  obligation  to  be  void 
and  oi  none  eticCt,  or  cile  to  be  and  remain  in  luii  loree 
and  Virtue. 

To  Abncr  Lyle^  efqiiire,  attorney  of  the  couit  of  com- 
mon pieab  at ,  in  the  couiiiy  of  ■ ,  in   tnc  torn- 

monweauhof ,  or  to  any   other  auoincy    oi   the 

faid  court,  or  of  any  other  court  eikwheie. 

Whereas  I,  Titus  Baum^  oi- ,  by  a  certain  obli- 
gation bearing  even  date  heiewith,  do  iland  bound  .  n- 

to  Samutl^iigly,  of — —y  in  ihe  fum  oi" \_pc'?}alty~\ 

conditioned  lor  tue payment  of \real  debt]'Vht{i:  are 

to  deiire  and  authoiifc  you  or  any  of  you,  to  appear  ior 
me,  my  heirs,  executors,  or  admiuiftrators,  in  the  faid 
court,  or  elfewhere,  in  an  action  of  debt  there  or  eire- 
where  brought,  or  to  be  brought,  againil  me,  my  heirs, 
executors,  or  adminiflrators,  at  the  fuit  of  the  faid  Sa- 
mucl  Quighy  his  executors,  admiuiftrators  or  affigns, 
on  tliefaid  obligation,  as  of  any  term,  or  time  pall,  pre* 
fent  or  any  other  fubiequent  term  or  time,  there  or 
elfewhere  to  be  held,  and  confefs  judgment  or  judg- 
ments thereupon  againft  me,  my  heirs,  executors,  or 

adminiflrators,    for  the  faid  fum  of ,    [^pejialtyj^, 

debt,  beiides  cofls  of  fuit,  by  fwnsum  informatus^  ni- 
hil elicit,  or  otherwife,  as  to  you  Ihail  feem  meet  :  and 
for  your,  or  any  of  your  fo  doing,  this  fliall  be  your 
fufiicient  warrant.  And  1  do  hereby  ibr  myftlf,  my 
heirs,  executors,  and  admiuiftrators,  remifc,  rekaie 
and  forever  quit  claim  unto  the  faid  Samuel  ^mglyy 
his  certain  attorney,  executors,  admiuiftrators  and  af- 
figns,  ail  and  ail  manner  of  error  and  errors,  mifprifi- 
ons,  mifentrics,  defe6ls  and  imperfe^lions  whatever  in 
the  entering  of  the  faid  judgment, or  judgments,or  any 
procefs  or  proceedings  thereon,  or  thereto,  or  in  any 
wife  touching  or  concerning  the  fame.  In  witnels 
whereof!  have  hereunto  fet  my  hand  andfeal  the  — — * 
day  of ^    Sealed  and  deiivcred,  S<.c, 


BOND.  2-9 

Bail  Bond  to  Sbcrijf, 

Know  all  men  by  thcfe  prcfents,  that  wc  Ezra  IIycU\ 

of-^-,  and  John  Kchn,  of ,    arc  held    and   ihmly 

bouud  unto  LcuiMan^  efq.  hit^h  flicrift'of  the  county  of 

Greene^  in  the  luniof dollars,  to  be  paid  to  th,e  laid 

fherifF,  or  to  his  certain  attorney,  executors,  adnuni- 
llrators  ot  aflii^ns  ;  to  w  hich  payment  well  and  truly 
to  be  mude,  we  do  Ijiiid  ourfelves  and  each  of  us  for  and 
in  I  he  whole,  our  and  each  of  our  heirs,  executors,  and 
adniinillrarors,  jointly  and  feverally  by  thefe  prefents. 
Sealed  witii  our  icals  and  dated  the day  of . 

The  condition  of  this  oblio^ntion  is  fuch.  That  if  the 
above  bounden  Ezra  Hyde,  Ihall  be  and  appear  before 
the  judgesof  the  court  of  common  pleas,  to  beheldat  — 

inand  for  ihe  coQTTty  afoVefaid,  the^^—^dayof next^ 

then  aiid  there  to  anfw er  Katban  Oldy  of  a  plea,  that 
&:c.  [pursue  tbe  words,  or  set  forth  the  substance  of 
the  writ']  then  this  obligation  to  be  void  and  of  none 
cfFe6\,  or  elfe  to  be  and  remain  in  full  force  andvirtue- 

Sealed  and   delivered         E-^ra  Hyde,  !.w* 
ill  the  prefcnce  of 


*  * 
A.  b"  " 
C.  D.  Jobn  Kcim^  «.s>f /.* 


Bail  Bond  to  Constable, 

We  Adam  Bend,  [the  defendant']  and  Caleb  Doe^ 
\_the  surety']  are  held    and    fnmly  bound  unto   Enoch 

Eelty,  conftable  of  the  townfliip  of ,  in  the  fum  of 

' 't  on  condition  that  the   faid  Adam  Bend  fliall  be 

and  appear  before  John  Peacemaker,  efquire,  juftice  of 

t  The  jnslice  should  indorse  upon  the  ivariv.nl  or  cajjiiis  the  sum 
reciuircd,  lo  be  tuken,  vhich  ouijhl  tu  be  sufiicicut  lo  cov9r  the 
dtbt;  interest und  costs. 


260  B  O  N  t). 

peace  in  the  townfliip  of ,  on  the clay  of -^ 

to  auf^ver  unto  TbomasTrottblc'some^  in  a  plea  of . 

Witntfs  our  handb  and  ftals  the day  of . 

Rcpleiiin  Bond  by    Plaintiff, 

Rno\v  all  men  by  thefe  prefents,  that  we  Minor  Vin- 

csnty  of ,  and  Tttiis  Lamb^  of ,  are  held  and 

iirmly  bound  unto  Lucas  /l/cz/i,  clq.  high  flieriiF  of  the 

couuty  of ,  in  the  fiimof  ^lyo  /;z/«^/;W  dollars,  to 

be  paid  to  the  faid  fliei  iff,or  to  his  certain  attorney, exe-. 
cutors,  adminiflrators  or  afligns  ;  to  which  payment 
well  and  truly  to  be  made,  we  do  bind  ourfc^lves,  and 
each  of  us,  for  and  in  the  whole,  our  and  each  of  our 
heirs,  executors,  and  adniiniftrators,  jointly  and  feve- 
rally  by  thefe  prefents,  Sealed  with  our  Teals,  and  da- 
ted the , 

The  condition  of  this  obligation  is  fuch,  That  if  the 
above  bounden  i5///2Cir  Vincent^  fliall  be  and  appear  be- 
fore the   judges  of  the  court  of  common  pleas,  to  be 

held  in  and  for  the  coTinty  aforefaid,   the day  of 

next,  then  snd  there   to  profecute   his  fuit   with 

cfFccl,  and  witi>out  delay,  againft  Noah  Nidig,  for  tak» 
\\^%  and  uiijullly  detainin,!^  his  goods  and  chattels,  to 
wit,  one  red  cow,  and  nuo  sheep,  of  the  price  of  — — 
lawful  money,  &c.  [or,  one  bed,  one  chesty  ^c.   of  the 

value  of ]  and  alfomake  return  of  the  faid  goods 

and  chattels,  if  return  thereof  Ihall  be  adjudged  by  law, 
and  alfo  fave  and  keep  harmlefs  the  faid  fiieriff  touching 
the  replevying  the  goods  and  chattels  aforefaid,  then 
the  above  obligation  to  be  void  and  of  none  efft6l,  or 
clfe  to  be  and  remain  in  full  force  and  virtue. 

Icj™  Th.is  bond  is  to  be  taken  from  the  plaintiff  in  the 
replevin,  and  one  refponfible  perfon  as  furety,in  double 
the  value  of  the  goods  diftrained,  before  it  is  ferved  up? 
pn  the  defendant.     Sec  Read's  Dig.  204. 


BOND,  261 

"■*' 

Rcplculn  Bund  by  Defendant.     . 

Know  all  men  hy  tlicTe  prefcnts,  that  we  GeorgelTainSy 

of ,  and  Caleb  Doe,  ot ,  arc  held  and  lirnily 

bound  unlo  Enuch  Fairplay^  el'quire,  higii  Iheriu  of 
the  county  ol  Berks,  in  tht-  I'um  of  three  bimdre'd  dol- 
lars, to  be  paid  to  the  faicl  ilitriff,  or  to  his  certain  at- 
torney, executors,  adminilirators  or  afiigns  ;  to  which 
payment  well  and  truly  to  be  made,  we  do  bind  our- 
ielves,  and  each  of  us,  for  and  in  the  wiiolc,  our  :irsd 
each  of  our  heirs,  executors  and  admiuillrators,  joiv.iiy 
and  fcverally  by  thcfe  prefcnts.  Sealed  with  our  fcals, 
and  dated  the day  of ,  Anno  Domini , 

Whereas  a  writ  of  replevin  wherein  Jbel  Bovd^  is 
^plaintiii",  and  George  llalns  defendant,  hath  ilfued  out 
of  the  court  of  common  pleas,  in  and  for  the  county  of 

J^erks,  and  is  made  returnable  upon  the next,  for 

one  bay  geldings  of  the  price  of dollars,  v  hich 

the  faid  George  Ilains  doth  unjullly  detain,  as  it  is  laid. 
And  \vhereas  the  faid  George  H.iins,  doth  plead  \no- 
perty  in  the  faid  bay  gcld'nig^  by  reafon  whereof  the 
fame  cannot  be  given  up  under  the  faid  writ. 

Now  the  condition  of  the  above  obligation  is  fuch, 
That  if  the  faid  George  Hains^  niail  be  and  appear  at 
the  county  court  of  common  pleas,  to  be  held  at  Read- 
ings in  and  for  the    faid  county,  upon  tlic next, 

then  and  there  to  defend  dikI  make  good  his  claim  to 
the  faid  ^./>'^t/c//«j/",  and  Iball  make  return  of  the  fnd 
bay  gelding  y  if  return  thereof  fliall  be  adjudged  by  law, 
and  Ihall  alf)  faye,  keep  harmlefs  and  indemnify  the 
fiifl  llicriff  in  the  premifes,  then  this  obligation  to  be 
void  and  of  none  eticct,  or  elfeto  be  and  remain  in  full 
force  and  virtue. 

IrrT'  This  bond  is  to  be  given  by  the  defendant,  and 
applies  to  tlifi  pra^ice  in  Peiinfylvania,  where  reple- 


262  BON  D. 

vinsjfTue  whenever  a  plaintiiTclaims  goods  in  the  "pof- 
fefiu)!!  of  another,  in  l">np:hinc!,  moft  calcs  of  replevin 
arc  founded  on  previous  dilhefTes  for  rent ;  ancl  it  is 
even  faid  in  fome  books,  that  it  lies  in  no  other.  In 
fnch  replevins,  property  cannot  be  pleaded  by  the  de- 
fendant, but  muft  be  given  up  to  tiie  plaintiff.  Of 
courfe,  this  kind  of  bond  is  not  required.  5"^^  1  Dull, 
Rep,  156. 


Bond  of  Sheriffs. 

Know  all  men  by  thefe  prefents,  that  we  Abel  Bond, 
Caleb  Doe  and  Enos  French,  are  held  ai\d  firmly  bound 
inito  the  commonwealth  of  Pennsyhania^  in  the  fum 
of  dollars,  to  be  paid  to  the  laid  com- 
monwealth, for  the  ufes,  intents  and  purpofes  declared 
and  appointed,  in  and  by  an  a6\,  entitled,  ^'  An  a6l  di- 
re61int>:  flieriffs  and  coroners  to  give  fufEcient  fureties 
for  the  faithful  execution  of  their  official  duties,  and  for 
other  purpofes,"  to  which  payment  well  and  truly  to 
be  made*  and  done,  we  bind  out  felves,  our  heirs,  exe- 
cutors and  adminiftrators,  jointly  and  feverally,  firmly 
by  thefe  prefents,  fealed  w  ith  our  feals,  and  dated  the 

• day  of ,  in   the  year  of  our  Lord,  one  thou- 

liuid  eight  hundred  and . 


'& 


The  condition  of  the  above  obligation  is  fuch.  That 
if  the  fiiid  Jbel Bond,  after  he  fliall  be  duly  commifiion- 

ed  Iheriff  of  the  county  of ,  for  the  term  of , 

from  and  after  the  fecond  Tuefday  of  Oclober  in  the 
year  laft  aforefaid,  Ihall  and  do  without  delay  according 
to  law,  well  and  truly  ferve  and  execute  all  writs  and 
procefs  of  the  faid  commonwealth  to  him  directed,  and 
iliall  and  do  from  time  to  time  upon  requeft  to  him  for 
that  purpofe  made,  well  and  truly  pay  or  canfe  to  d:)e 
paid  to  the  feveral  fuitors  and  parties  interefied  in  the 
c^iecution  of  fuch  writs  or  procefs,  their  lawful  attor- 


# 


BOND.  263 

nics,  factors,  agents  or  aftigns,  all  and  every  fum  and 
funis  oi'  money  to  ihcni  lel'pcdive'.y  bcionging,  w  hicli  \ 
ilKilicomc  to  ins  hands,  and  iliail  and  do  iVcni  tinu  to 
time,  and  at  all  tmics  during  his  contii.uancc  in  the 
faid  oflicc  oflherifl^,  well  andlcUthUilly  execute  and  pcr< 
foim  all  and  every  ol  the  triilts  and  tintics  lo  tfie  Lid 
otiice  appertaining,  ihcuthis  ob  igatiun  tube  void,  or 
cUe  to  be  and  remain  in  lull  I'urec  and  virtue. 

;;C  '  The  fum  required  of  the  dificrent  flierifFs  will  be 
found  in  the  law  irom  which  the  above  lorm  is  taken. 
The'  coroner  of  each  county  before  he  Iball  execute 
any  of  the  duties  of  his  ofiice,  fdali  become  bound  in  vk 
fnuiiar  ol3hjnition,  with  at  leaft  two  fifacient  fureties, 
in  like  circumlbnces  in  one  fourth  o  the  fum  which 
is  required  from  the  Ihei  ifl'  of  the  fame  county,  '■'■  that 
he  will  well  and  truly  pciform  all  and  hiitiuhtr  the  du- 
ties to  tlie  faid  office  of  coroner  appertaining."  Sec 
V  Acts,  497. 


Bond  of  Constables* 

Know  all  men  by   thefe  prefents,  that  we   Thomas 

Gilts  of ,  and  John  Udric^  of ,  are  held  and 

firmly  bound  unto  the  commonwcahl  oi  Pc7i??syhc7n a j 
in  the  fum  of  o?ie  thousaiid  dollars,  to  be  paid  to  the 
faid  commonwealth  ;  to  vhich  pa}  m:nt  well  and  tiuly 
to  be  made,  we  do  bind  ourfehts,  and  each  cf  us, 
jointly  and  fevcrally,  for  and  in  the  A\hole,  our  and  each 
of  our  heirs,  executors  and  adminillrators,  f  miiy  by 
thefe  prefents.  Sealed  with  our  feals,  and  dated  the 
. day  of . 

Whereas  the   faid   Thomas  GiUs,  hath  been  duly 
clecled  and  returned  to  the  court  of  quarter  fcflions  of 

the  peace  in  and  for  the  count}  ol l;y  the  inh;.bi- 

tants  of  the  townfliip  of ,  in  faid  county,  as  conlla? 


264  BOND. 

ble  for  faicl  townfliip,  for  the  enfuing  year,  and  his  faid 
eitdiion  being  coniiimcdb}  iht  faicl  court :  iSow  the 
coiiditiou  of  this  obligation  is  fuch,  That  ii  the  faid 
Thomas  Giles ^  Ihali  and  do  well  and  trn!v  ftrve  and 
execute  all  writs  andproccfs  to  him  dire6\ed,  without 
delay  and  according  to  lav. ,  and  fhail  and  do  from 
time  io  time  upon  requeft  to  him  for  that  purpofe  made, 
well  and  truly  pay  or  caufe  to  be  paid,  to  the  feveral 
fuitors  and  parties  intereiled  therein,  their  lawful  attor- 
jiies,  fadlors,  agents  and  afiigns,  all  and  every  fum  and 
funis  (if  money,  to  them  refpe6livcly  belonging,  which 
fl'iall  come  to  his  hand^,  and  (liall  and  do  from  time  to 
time  and  at  al!  times  during  his  continuance  in  the  faid 

ofrxc  of  conlliibje  for   the  towniliip  of aforefaid, 

well  and  faithfujly  execute  the  faid  office,  and  perform 
in  all  tilings  the  iluty  and  trull  in  him  repofed  according 
to  law,  then  the  above  obligation  to  be  void  and  of  none 
efle^l,  or  elfe  to  be  and  remain  in  full  force  and  virtue. 


By  a  Trustee  of  an  Iiisohent  Debtor, 

Know  all  men  by  thefe  prefents,  that  we  Abel  Bell^ 

and  Conrad  Dana^  both  of ^  yeomen^  are  held  and 

firmly  bounduntqthe  commonwealth  oiPennsyhania^ 

in  the  fum  of 1-  dollars,  \_such  penalty  as  the  court 

shall  direct']  ;  to  ivhich  payment  well  and  truly  to  be 
made,  we  bind  owfelves,  our  and  every  of  our  heirs, 
executors  and  lidminiflrators  firmly  by  tlicfe  pre- 
fents.    Sealed  wilh  our  feals.     Dated  the . 

The  condition  df  this  obligation  is  fuch,  That  if  the 
faid  .^^<?/i>W/,fljai  faithfully  perform  his  trufl  in  the 
office  or  duty  of  truftee  to  John  Dicky  an  infolvent 
debtor,  to  which  he  was  appointed  by  the  court  of  com- 
mon pleas  of  the  county  of ,  on  the day  of 

" ,  then  this  obligation  to  be  void,  otherwife  to  be 

and  remain  in  full  forc^  and  virtue. 


BOND,  -6$ 

Admihistrauun  BoncL 

]^no\v  all  men  b\-  thcfc  prefcius,  that  wtAbher  Blh^^ 

of ,  George  IIollis^  of ^^iiWiX  Ezckicl  tain^ 

of ,  arc  htld  and  lirmly  bound  nnto  the  comnion- 

uealdi  of  l^'unlyivauia,  inihcfam  oi ,  \j-eiipcct  be^ 

ing  Luid  to  the  "oalue  of  the  cstatel  ^'^^'^f'-il  ino- 
ncy,  'i^c.  to  be  paid  to  the  faid  commonwealth  r  to 
which  payment  well  and  truly  to  be  made,  we  do 
bind  ourRlvts,  ar.d  each  of  us,  for  and  in  tiie  whole, 
our  and  each  of  our  heirs,  executors  and  admiuilbators, 
jointly  iiiid  fjvcrally  by  thefe  prefents.  Sealed  witii 
oui  feals,  and  dated  the  ^ . 

The  condition  of  this  obligation  is  fuch.  That  if  the 
within  bounden  Abner  Blhs,  adminillrafor  of  all  ;nicl 
fmgiilar  the  tj^oods,  ch'ituls  and  credits  of  C'/^z/-^/^  Da^ 
gcn^  deceafcd,  do  make,  or  caufe  to  be  made,  a  true 
and  perfed:  inventoiyrf  al!  and 'lin;Li;-u.'ar  the  i^-ooci.^, chat- 
tels and  credits  of  the  fiid  deceaied,  which  have  or 
fiiall  come  to  the  hands,  pj^flVfllon  or  knowledo^e  of  him 
the  faid  Abucr  Bliss,  or  into  the  hands  and  polfefilon  of 
any  other  perfon  or  pes  fons,.for  him,  and  the  fcnnc,  fo 
made,  do  exhibit,  or  caivfe  to* be  exhibited,    into  the 

regiller's  oflic.e,  in  the  county  of ,  at  or  before  the 

day  of nextenfninjy  ;   and  the  fame  j^oods, 

chattels  and  ci edits,  and  all  ot!=ier  the  goods,  chat- 
tels and  credits  of  the  faid  deceafcd,  at  the  time  of 
his  death,  which  at  any  time  after  flinll  come  to  the 
hands  or  polfeflinn  of  the  f.id  Jibncr  Bliss,  or  int(>  ':he 
hands  and  polfeffion  of  at^y  orh<^r  jjerlonor  peifons  for 
him,  do  well  and  truly  adminiller  aecordini;-  to  law  ; 
and  further  do  make,  or  caufe  to  be  rqnde,  n  true  and 
jull  account  of  his  faid  ad  mini  drat  ion,  at  or  bcfo'-e  the 

day  of ,  and    all  the  reO  and  rr  fidue  of  die 

fiiid  gwods,  chattels  and  credits,  which  lliall  be  fouicl 
icmainintj  upon  the  faid  adminiftrator's  account,  die; 


me  B  o  N  D^. 

fame  being  firft  examined  and  allowed  of,  by  tBe  <5r^ 

phans  court  of  the  county  where  thefaid  admijiiftration 
is  granted,  fliail  deliver  and  pay  unto  fucii  peifon  or 
perfons,  refpeclively,  as  the  faid  orphans  court,  by  their 
decree  or  ientence,  purfuant  to  the  true  intent  and 
meaning  of  this  a»St,  Ihall  limit  and  appoint  ;  and  if  it 
iliall  hereafter  appear  that  any  laft  will  and  teftament 
was  made  by  the  faid  deceafed,  and  the  executor  or  ex- 
ecutors therein  named  do  exhibit  the  fime  into  the  faid 
regiller's  office,  making  requeM,  to  have  it  allowed  and 
approved  accordingly,  if  the  faid  Abner  Bliss  withiii^ 
bounden,  being  thereunto  required,  do  render  and  de- 
liver the  faid  letters  of  adminiilration,  approbation  of 
fuch  teilament  being  firll  had  and  made,  in  thefaid  re- 
gifter's  office,  then  this  obligation  to  be  void  and  of 
aione  effe^i,  or  elfe  to  remain  in  full  force  and  virtaCo 


He  funding  Bond. 

Know  all  men  by  thefe  prefents,  that  we  John  Boe'^. 

^f ,  legatee  under  the  teftament  and   laft    will 

of  Bion   Bell^   deceafed,    and   John   Hone^  of ,, 

are  held  and  firmly  bound  unto  Waltar  Hone^  and 
Richard  Sloan,  executors  of  the  faid  Bion  Bell,  de- 
ceafed, in  the  fum  o^  four  hundred  doW-dis,  to  be  paid 
to  the  faid  JFaltar  Hone  and  Richard  Sloan,  or  to  their 
certain  attorney,  executors,  adminiftrators  or  affigns; 
to  whicli  payment  well  and  truly  to  be  made,  we  bind 
©urfelves,  and  each  of  us  by  himfelf,  for  and  in  the 
whole,  our  heirs,  executors  and  adminiftrators,  and 
every  of  them,  firmly  by  thefe  prefents.  -Sealed  with 
our  feals,  and  dated  the . 

Whereas  the  faid  Bion  Bell,  by  his  laid  laft  will  and 

feftament,  bearing  date  the day  of laft  paft.  did 

give  and  bequeath  unto  the  faid  John  Roe,  a  certain  le- 
gacy of  Hv9  hundred  dollars,  [or,  qus  equal pari 


codicil:  2G7 

€f  his  personal  estate  after  the  payment  of  debts*]  as 
by  the  laid  in  part  recited  will,  duly  proved  and  remain- 
ing in  the  regiller's  otlicc  at appears. 

Now  the  condition  of  this  obligation  is  fuch,  That 
JTany  part  or  the  whole  of  tlie  laid  legacy,  Ibali  at  any 
"time  after  payment  tiiereof  to  the  laid  foh?!  yv'oc?, 'appear 
lo  be  wanting  to  difchargc  any  debt  or  debts,  legacy 
or  legacies,  which  the  faid  executors  fliall  not  have  o- 
ther  aif-^'tsto  pay  ;  then  and  in  fuch  cafe, if  the  faid  Johit 
i?;?^,  his  heirs,  executors  or  adminilbators,  fliall  and 
do  return  the  faid  legacy,  or  fuch  part  thereof  as  fliall 
he  nccelfitry  for  the  payment  of  the  faid  debts,  or  the 
payment  of  a  proportional  part  of  the  faid  leecacies,  then 
this  obligation  iball  be  void  and  of  none  eife6t,  or  elfc 
ihall  be  and  remain  in  full  force  and  virtue. 

Kj°  No  fuit  can  be  brought  in  Pennfylvania  for  a  le- 
gacy, till  fuch  a  bond  be  previoufly  tendered  to  the 
executor  or  adi-nijiiftrator  with  the  will  annexed.  On 
refufal  to  accept  the  fame,  the  legatee  fliall  file  it  witli 
the  clerk  of  the  court  before  obtaining  any  procefs  a- 
gainft  fuch  executor  or  adminiftrator.  See  Beacl^s- 
l)ig.  232. 

*  In  this  latter  case  the  bond  must  be  jvlven  in  double  tlic  sum, 
>yhich  the  person  shall  tliiuk  liinisclf  entitled  to. 


CoDiciU 

I  Abel  Beam,  of— — ,  do  make  this  codicil  to  l>e  ta 
4en  aspart  of  mv.  laft  will  and   tcftamcnt,   as   follows, 
that  is  to  (liy :  Whereas  I  have,  by  my  faid  will,  given  tV. 


^68  CODICIL. 

ihyTons    Waltar  Beam^  and  Silas  Bcam^  tlie  fum  of 

~ each,  rormuaining  :   Imovv  1  do  hereby   revoke 

and  make  void  the  laid  legacies  to  my  Tons  ;  and  1  do 
hereby   give    and   bequeath  unto  my  laid  ion  Waltar 

Jhonl,  the  i'um  of ,  over  and  above  the  lum  of ^, 

tvhich  i  have  given  him  by  my  laid  will.  In  witncls 
tvhereof  I  have  to  this  codicil  annexed  to  my  faid  will, 
fet  my  hand  and  feal  die day  of . 


Another  Form. 

I  Ah7ier  Blight,  of ,  do  this day  of ^ 

make  and  pubiiih  this  codicil  to  my  kill  will  and  tefta- 
nient  in  manner  following,  that  is  to  fay  :  I  give  to  my 
niece  Mary  Slhny  one  gold  watch  and  one  fdver  coffee 
pot.  And  whereas  iri  and  by  my  lad  will  and  tefiament 
I  btive  given  and  bequeathed  to   my  daughter  in  law 

the  fum  of ,  1  do  hereby  order  and  declare  that  my 

will  is,  that  only  the   fum  of be  paid  unto  her  iii 

full  of  the  faid  legacy  I  have  as  aforefaid  given  and  be- 
queathed untQ  her,  and  that  the  remaining  part  of  the 
faid  legacy  be  given  and  paid  to  my  nei}hew  Ezra  Hoe. 
And  laftiy,  it  is  my  defire  that  this  my  prcfent  codicil 
be  annexed  to,  and  made  a  part  of  \\\y  lall  will  and 
tellamentto  ail  intents  and  purpcfes.     in  witnefs,  &.c. 

ICT"  A  codicil,  codicilhis,  a  little  book  or  writing,  is 
$L  fnpplenient  to  a  will  ;  or  an  addition  made  by  the 
teftator  and  aniiexed  to,  and  to  be  taken  as  part  of,  a 
teilament  :  being  for  its  explanation,  or  alteration,  or 
to  make  fome  addition  to,  or  elfefome  fubtraftion  from 
the  former  difpofitions  of  the  teilator.  It  may  be  either 
•written  or  nimcupative.     2  Blac.  504- 

In  cafe  of  a  real  cflate,  a  codicil  cannot  operate,  nil- 
lefs  it  be  executed  according  to  the  ibtute  of  frauds  aufl 
perjuries.     1  Aik.  425^ 


C  O  M  r  O  S  I  T  I  O  N.  269 

It  is  not  necclTciry  tbnt  the  cofHcil  be  annexed  to  the 
^vill  ;  it  1T103-  be  in  a  Itnai ate  inUrumtnt ;  ytt  the  will 
and  eodicii  nuike  both  but  one  w  ill.     1  ('cs.  442. 


CoinpjDStiou. 

JFitb   Creditors. 

To  all  to  wliom  thefe  prefents  (liall  come,  We  ^vhofe 
nanu'sare  here  '.inder  written,  and  Teals  arilxnl,  credi- 
tors o^Jbel  BitL\  of ,  fend  grcetinp^ :  *\\'!iercas  the 

hk\  J  if  e/  Bite,  doth  }i\({.\y  owe,  and  is  indebted  imta 
lis,  hisCiid  ieveral  creditors,  in  divers  funis  of  monev  ; 
but  by  rcafon  of  many  loflls,  great  hindrunc^s,  and  o- 
thcr  dania,4es  happened  unto  the  faid  .^li?e/  Bite,  he  is 
become  utterly  unable  to  pay  and  Auisfy  us  our  full 
debts,  with  fuch  p^oods,  wares  and  mcrchandifes  as  he 
hatii,  which  we  the  faid  creditors  are  unwilling:  to  ac- 
cept of,  or  any  ways  to  intermeddle  with  the  fame  ,  and 
therefore  we  the  faid  croditorshave  relblved  and  ag:reed 
to  undergo  a  certain  lof-,  ar.d  to  accept  o{ fve  shillings 
for  every  pound  owinsj  by  the  faid  Jbcl  Bite  to  us  the 
feveral  and  refpeclive  creditors  aforefaid,  to  be  paid  m 
full  fatisfadlion  and  difcharjre  of  our  feveral  and  refpec- 
tive  debts  :  Now  know  ye,  thnt  we  the  faid  creditors 
of  the  (liid  Abel  Bite,  do  for  ourfelves  feverally  and  re- 
fpe^lively,  and  for  our  feveral  and  rcfpe8ive  heirs,  ex- 
ecutors and  adminidrators,  covenant,  promife,  com- 
pound and  agree,  to  and  with  the  faid  Abel  Bite,  his 
executors  and  adminiftrators,  and  to  and  with  every  of 
tiicm  by  thefe  prcfent^i,  that  wc  tlie  faid  feveral  and"  re- 


$70  C  O  M  P  O  S  I  T  I  O  N, 

fpeclive  creditors,  and  our  fcveral  and  refpe6live 
executors,  adminillrators  and  affigns,  fliall  and  will 
accept,  receive,  and  take  of  and  from  the  liiid  ^Z'e/ 
J^ite^  his  executors  and  adminiftrators,  for  each  and 
every  pound  that  the  faid  Abel  Bite  doth  owe  and  is  in- 
debted to  us  the  faid'  feveral  and  refpeclive  creditors, 
the  funi  or/rj<?^Z/i//i;7gi',  in  full  difcharge  and  iatislac- 
feion  of  the  feveral  debts  and  fums  of  money  that  the  faid 
Abel  Bite  doth  owe  and  Hands  indebted  unto  us  the  faid 
creditors  refpeclively  ;  fo  that  the  faidfum  olfi'ue  sh'iU 
iings^  to  be  paid  for  each  and  every  pound  that  the  faid 
Abel  B'lt-e  doth  owe  and  ilandeth  indebted  unto  us  the 
faid  feveral  and  refpeclive  creditors,  be  paid  unto  us 
the  faid  feveral  and  refpective  creditors,  our  feveral  and 
refpe6llve  executors,  adminiftrators  or  aifigns,  within 
the  time  or  fpace  of  six  months  next  after  the  date  of 
thefe  prefents  :  And  we  the  faid  fever;il  and  refpeclive 
creditors,  do  feverally  and  refpeClively,  for  ourielves, 
our  feveral  and  refpeClive  heirs,  executors,  adminiftra- 
tors and  affig-ns,  covdiant,  grant,  promife  and  agree,  to 
and  with  the  faid  Abel  Bite,  his  executors,  and  admin- 
iftrators, that  he  xhitSviid  Abel  Bite,  his  executors,  ad- 
miniftrators and  affigns,  fliall  and  may  from  time  to 
time,  and  at  all  times  within  the  faid  terra  or  fpace  of 
six  months  next  enfuing  the  date  hereof,  afllgn,  fell,  or 
othcrwife  difpofe  of  his  faid  goods  and  chattels,  wares 
and  merchandifes,  at  liis  and  their  own  free  will  and 
pleafure,  for  and  towards  the  payment  and  fatisfiiClion 
of  the  {■AiCxfi'De  shiUlngs  for  every  pound  the  fi\id  Abel 
Bite  doth  owe  and  is  indebted  asaforefaid,  unto  us  the 
faid  refpeclive  creditors  :  And  that  neither  \Ve  the  faid 
feveralandrefpe6livecreditors,oranyofus,  nor  the  exe^ 
cutors,  adminiftn.torsorafiignsofus,  or  any  of  us,  fliall 
or  will,  at  any  time  or  times  hereafter,  fuc,  arreft,  mo- 
left,  trouble,  imprifon,  attach  or  condemn  the  faid  Abel 
Bite,  his  executors  or  adminiftrators,  or  his  or  their 
goods  and  chutteis,  for  any  debt  or  other  thing  now 


COMPOSITION.  271 

iTue  and  o^ving  to  us,  or  any  of  us  Ms  rcTpc<S\'ive  credU 
tors  albrclliid  ;  lb  as  the  laid  Abel  jBife,  his  executors, 
or  admini{lrators,do  well  and  truly  pay,  or  caufe  to  be> 
paid  unto  us,  his  faid  fcvcral  and  relpedive  creditors, 
the  Hiid  funi  ol' Jive  sbiUmgs  lor  every  pound  he^  doth 
owe  and  llandelh  indebted  unto  us  relpedlively  \\  ithiii 
the  laid  time  or  fpace  of  ^^.x"  months  next  cnlliing  th© 
date  hereof.     In  witnefs,  &.c. 


A  Deed  of  Compositicii  of  Dchts, 

To  all  to  M  horn  thcfc  prefents  fliall  come,  We  whofo 
names  and  feals  are  hereunto  fubieribed  and  let,  credi- 
tors o{  Richird  Crane  and  Caleb  Roe^  of- ,  fend 

grcetinpj.  Whereas  the  faid  Richard  Crane  and  Caleb 
JRoe,  aie  and  do  Hand  jointly  indebted  unto  us  the  faid 
creditors,  in  divers  funis  of  money,  which  they  are 
willing  to  fatisfy  and  pay  as  far  as  they  are  able  :  Now 
know  ye, that  we  the  laid  creditors  who  have  hereto  fub- 
fcribed,  our  names,  and  affixt  d  our  feals,  finding  that 
the  faid  Richard  Crane  and  Caleb  Roe,  are  by  lofTes 
and  otlierwife  difabled,  to  pay  our  fnll  debts,  do  feve- 
rally  and  refpeclively  agree,  and  bind  ourfelves,  our 
heirs,  executors  and  adminiftrators  unto  the  laid  Rich- 
ard Crane  and  Caleb  Roc,  by  thefe  pre  lints,  to  accept 
and  take  of  them  the  faid*  Richard  Crane  and  Calel/ 
Roe,  their  executors   or  adminillrators,  after  the  rate 

of Ihillingsin  the  pound,  in  full  f.\tisfa6\ion  of  all 

fuch  debts  and  fums  of  money  as  they  jointly  oAve  to  us, 
and  every  of  us  refpeftively,  the  fame  to  be  paid  at 
four  equal    payments  on  the  days  following,  that  is  to 

fay,  the dav  of ,   ^c.  fo  as  the  faid   Richard 

Crane  ^w^\  Caleb  Roe  ^for  ihe  more  fure  and  better  pay- 
ment of  the  feveral  fums  of  money  aforefoid,  in  recom- 
penfe  imkI  fatisf  i61ion  of  our  and  every  of  our  faid  fe- 
veral debts  as  aibrellud,)  their  executors  or  adminiflraie 


272  C  O  M  P  O  S  I  T     O  N. 

tors,  do  before  the day  of become  jointly  and 

feveraily  bound,  with  luthcient  furetics  unto  u^i,  and 
every  of  us  refpe6\ively  by  obligation,  in  due  form  of 
law  to  be  made,  fcaled  and  delivered  to  each  and  every 
of  us,  and  to  each  and  every  of  our  ufe  and  ufe^,  by  the 
appointment  of  us,  and  each  of  us. 

Provided  ab.vays,  that  neither  tliefe  prefents,  nor  any 
thing  herein  contained,  ihall  bind  us,  or  any  or  either 
of  us  who  have  hereunto  fubfcribed  our  names  and  put 
our  feals,  unlefs  ail  and  every  of  the  creditors  aforefaid, 
ilKtll  have  fealcd  and  executed  the  fame ,  on  or  be- 
fore the day  of  next  enfuing.     In  witnefs,  £vC. 


A?iother  Form. 

To  all  to  whom  thefe  prefents  fliall  come,  v;e    71)0- 

mas  Geof'/c  and  Robert  Ycun^^  of ,  merchants  and 

copartners,  and  [Z'^TC  were  inserted  tfje  names  of  the  oth- 
er creditors']  creditors  of  Arthur  Andrews  of ,  fend 

greeting, Whereas  the  i-AidJlrthur  Andrews  is  indebted 
unto  us  in  the  feveral  fams  of  mone}>  mentioned  and  fet 
down  in  the  fchedule  here- under  written,  the  whole  of 
which  by  reafon  of  feveral  lolTes  and  misfortunes  which 
have  haj^penecl  unto  him  in  trade  and  otherwife,  he  is 
become  difl'.bled  to  pay  and  fatisfy  ;  but  being  willing 
anddefirous  fofaras  in  him' lies,  and  his  prefent  cir- 
cumftances  will  permit,  to  difcharge  all  and  every  his 
debts,  he  hath  propofed  to  us  his  faid  feveral  creditors, 
parties  hereto^  as  the  utmoft  fatisfac^ion  he  is  able  to 
make,  to  pay  and  fecure  unto  each  and  every  of  us  ten 
fliiilings  in  the  pound  for  every  pound,  or  fum  of  twen- 
ty ihiliings,  now  bj  him  due  and  owing  unto  us  his 
faid  feveral  creditors,  for  and  on  account  of  our  refpec- 
tive  debts  in  the  manner  folio v/ing  ;  (that  is  to  fay)  by 
his,  the  iliid  Arthur  Andrews,  delivering  unto  each 
and  every  of  us  his  faid  creditors,  \vithin  the  fpace  of 


COMPOSITION,  273 

ti^irty  days  next  enfuing  the  day  of  the  date  of  tliefe 
prcfent;!,  oitc  pi  omlUbry  iioic  figncd  by  him  the  faicl 
Arthur  ylndrcws^  bearing  even  date  herewith,  pavuble 
to  us  icfpGCtivciy  ororcier,  tliiee  monliib  after  tlic  date 
thereof,  for  fiich  a  fum  of  money  as  will  amount  to  pay 
eacii  and  every  of  us  the  faid  creditors  of  the  fukl  Ar- 
thur Andrews^  the  full  fum  of  Jiijc  lliillings  in  the 
pound  for  every  pound  or  twenty  iliilbngs  of  our  re- 
IpeciUve  debts  ;  and  alfo  by  his  the  faid  Arthur  An- 
^/rt'iy^,dclivering  unto  each  and  every  of  us  his  faid  cre- 
ditors, within  the  faid  time  of  thirty  days  next  eufuing 
the  day  of  the  date  of  thefe  prefents,  one  other  promif- 
fory  note  iigned  hyW\n\K\i(^L\.\<\  Arthur  Andrew s^ytuw- 
ing  even  date  herewitli,  payable  to  Baptist  Bary,  of 
— — clock-maker^  or  his  order,  six  months  after  the 
•date  thereof,  forfuch  a  fum  of  money  as  will  amount 
to' pay  ea(Ji  and  every  of  us  the  fasd  creditors  of  the  faid 
-^r/Z?//r/^/;r//Tcy^, the  further  fum  of/?-7;(?  (hillings  in  the 
pound  forevery  pound, or  twenty  niiHings,of  our  refpcc- 
tivcdebts,and  each  of  the  faid  laftmentioned,notcs  tobe 
indorfed  by  the  ^aid  B  apt  is  t  Bary  to  usthefaid  creditors 
refpe6\ively  :  And  wc  the  faid  creditors,  parties  hereto, 
being  contented  andfatiified  with  fuch  propofal  of  him 
the  faid  Arthur  Andrews,  have  agreed  to  accept  of  the 
faid  fum  of /'^w  lliillings  in  the  pound  forevery  pound 
or  twenty  iliillings  (to  be  fecured  as  aforellud)  in  full 
latisfaclion  and  difchargc  of  our  faid  feveral  and  re- 
fpeclive  debts.  Now  know  ye,  TUt  we  the  faid  feve- 
ral creditors  of  the  ^did  Arthur  Andrews,  parties  here- 
to, do  for  ouifelvcs  feverally  and  refpe61:ively,  and  for 
our  feveral  and  refpe(Slive  executors,  adminillrators  and 
afligns,  covenant,  compound,  and  agre^  to  and  with  the 
Hiid  Arthur  Andrews,  his  executors  and  adminillra- 
tors, to  accept,  receive,  and  take  from  the  faid  Arthui/ 
Andrews  the  faid  promillbry  notes  (to  be  figncd  by  the 
faid  Arthur  Andrcvjs,  and  made  payable  to  us  refpcr  • 
lively,  or  order,  for  the  firft  payment  of /u^flul in es  m 

[35] 


:^4  G  O  M  P  O  S  I  T  I  O  rv. 

the  pound,  and  the  faid  promiffory  notes  to  be  figned"; 
by  t!ie  laid  Anhur  J/idrcivs  and  indorfed  by  the  laid 
Baptist  Bary  for  the  lad  payment  of/'z;<?  lliillings  iiv 
the  pound  as  a(creilud)  in  fail  difchars^e  and  fatislaclion 
of  the  feveral  debts  and  funis  of  money  which  the  faid 
Arthur  Andrews  doth  owe  unto  us  tJie  faid  creditors^ 
parties  hereto  :  And  we  the  faid  feveral  creditors  do, 
for  ourfeives  feverally  and  refpeQively,  and  for  our  fe- 
■Veral  and  refpe^live  executors,  adminiftrators  and  af- 
figns,  covenant,  promife  and  agree  to  and  with  the  faid 
Arthur  Andrews,  his  executors  and  adminiftrators,  that 
lie  the  faid  Arthur  A?jdrews,  his  executors  and  admi- 
aiiftrators,  (liall  and  may  from  time  to  time,  and  at  all 
times  hereafter  until  default  lliall  be  made  in  the  deliv- 
ery of  the  Hiidnotes,  figned  by  thdiiid  Arthur  Andrews^ 
imd  payable  to  us  rcfpe6tively,  or  order,  for  the  firlt 
payment  of^ve  fiiillings  in  the  pound,  or  the  faid  notes 
iigned  by  the  laid  .//r?/6wr  Andrews,  and  indorfed  by 
the  faid  Baptist  Bary,  fior  the  laft  payment  of  ji-je 
jQiillings  in  the  pound,  according  to  the  true  intent  and 
meaning  of  thefe  prefents,  or  in  the  payment  thereof, 
aiTign,  lell,  or  otherwife  difpofe  of  his  goods,  chattels, 
■wares  and  merchandifes,  at  his  own  free  will  and  plea- 
sure, for  and  towards  the  payment  and  fatisfaclion  of 
the  faid  ten  fiiillings  in  the  pound  for  each  and  every 
pound  or  twenty  fiiillings  that  he  the.  iliid  Arthur  An- 
drews, owes  unto  us  as  aforefaid  :  And  the  faid  credi- 
tors, parties  to  thefcprefents,  in  confideration  that  the 
faid  fum  of  ten  Ihillings  in  the  pound  for  every  pound  or 
twenty  fiiillings  fo  due  and  owing  unto  us  from  the  faid 
^hthur  Andrews,  fliall  be  well  and  faithfully  fecured 
and  paid  in  manner  and  form  aforefaid,  and  according 
to  the  true  intent  and  meaning  of  thefe  prefents,  do 
jhereby  for  ourfeives  feverally  and  refpe£\ivcly,  and  for 
our  feveral  and  refpe6live  heirs,  executors,  and  admi- 
•niilrators,  remife,  releafe,  and  for  ever  quit  claim  untO' 
^h^i^id Arthur  Aj.ndrews^\ii^]^€\i'Sy  executors  and  ad» 


COMPOSITION,  27t 

njlniftrators,  and  every  of  them,  all  and  all  manner  of 
atlion  and  aclions,  caiiie  and  caui'cs  of  attion,  fiiits, 
bills,  bonds,  writings,  obligations,  debts,  dues,  duties, 
reekoiiings,  accounts,  fura  and  fums  of  money,  judg- 
ments, executions,   extents,    quarrels,  controverliei, 
tiefpalfes,  damajics  and  demands  whutfoever, ' both  af 
law  and  in  equity,  or  othcrwife   howfoever,  which  a- 
gainfthimlhe  fai'd  Jrtbur  AndrcTJSy  we  or  any  or  ei- 
tlierof  us,  ever  had,  now  have,  or  which  we,  any  or  ei- 
ther of  us,  or  any  or  either  of  our  heirs,  -executors  or 
adminiftrators,  ihall  or  may  have,  ciarm,  challenge,  or 
demand,  for  or  by  reafon  or  m.cans  of  any  a6l,  matter, 
caufe  or  thing  uhaifoever,  from  the  beginning  of  the 
world  to  the  day  of  the  date  of  thefe  prefents  :  And  w  e  the 
faid creditors, whofedebts  are  mentioned  in  the  fchedule 
hereunder  written,  to  be  due  and  owing  to  us  from  the 
fiiid  Arthur  Aiulrcivs,  on  bonds  and  notes,  do  hereby 
feverally  and  refpe6\ively,  and  for  ourfeveraland  refpec- 
tive  executors  and  adminiftrators,  covenant,  promife, 
tmd  agree,  to  and  with  the  faid  Arthur  Andrews,  his 
executors  and  adminlftrators  ;  that   upon  his  the  faid 
Arthur  Andre-vos,  delivcrinp;  or  cauling  to  be  delivered 
•unto  us  refpectively,  fuch  promiiTory  notes  figned  by 
the  faid  Arthur  And'civs,  and  payable  to  us  rcfpec\ive- 
ly,  or  order,  for  the  firll  payment  o{\/iVc  (hillings  in  the 
pound,  and  the  faid  promiiYory  notes  to  be   figned  by 
the  faid  4rthur  Andrews,  and  indorfed  by  the  faid  ^^/;- 
tist  Bary,   for  the  latl  pa\'ment  of/-j^  Ihillings  in  the 
•pound,  according  to  the  true   intent   and  meaning  of 
thefc  prefents,  we    the  (liid  creditors   refpc6>ively,^  to 
whom  the  fame  fliall  be  fo  delivered,  fliail  and  will  im- 
mediately after  the  delivery  thereof,  deliver  up  to  the 
iiiid  Arthur  Andrews,   or  fuch  perfon  or  perfons  as  he 
iliall  authorife  to  receive  the  fame,  all  fuch  bonds,  pro- 
miilbry  notes,  and  other  fecurities,  under   the  hand  of 
the  faid  Arthur  Andrews^  which  we,  any  or  either  of  us 
zefpettively  now  have  in  our  hands,  cultody,  poJDTeflioa 


276  CONDITION. 

or  power  :  Provided  always,  that  if  the  faid  notes  fo  to 
be  Ugiied  by  tne  laid  Artbur  Andreivs^  and  payable  to 
us  reipe6livciy,  oi  oulcr,  us  afoiefaid  ;  or  the  laid  notes 
io  to  be  ij^iicd  b)  tla  laid  ArtburAndrenvs^  and  indorf- 
ed  by  tiic  laid  Baptist  Bary^  as  atbrcfaid,  be  not  de- 
livered into  the  hands,  poiieilion,  or  power  oi  us  the  laid 
creduor^j,  parties  hereto,  respectively,  according- to  the 
true  mtent  and  meaning  oi  thefe  preients,  \Mtliin  the 
faid  fpace  ot"  thirty  days  next  enfuing-  the  date  hereof  j 
or  if  the  faid  ni.>tes  ihall  not  be  paid  at  the  refpe^live 
times  when  the  fame  ihall  become  due  and  payable, 
or  within  three  days  next  after,  '1  hen  the  above  releafe, 
and  every  other  ctaufe,  matter,  and  thing  in  this  pre- 
sent deed  of  compofition  contained,  as,  to,  or  againft 
the  perfon  or  pcrfons  to  whom  fuch  default  fliall  be 
luade,  Ihall  ceale,  determine,  and  be  utterly  void,  any- 
thing herein  before  contained  to  the  contrary  thereof  ia 
any  wife  notwithflanding.     In  witnefs,  &c. 


To  pay  Money  at  different  times. 

The  condition  of  this  obligation  is  fuch,  That  if  the 
above  bounden  Matthc%v  Mason,  his  heirs,  executors, 
adminiftrators,  or  any  of  them,  fliall  and  do  well  and 
truly  pay  or  caufc  to  be  paid  unto  the  above  named  Ca- 
leb Doe,  his  certain  attorney,  executors,  adminiftrators, 
or  afligns,  the  juft  and  full  fum  of  two  hundred  dollars 
in  manner  following,  to  wit :  Eighty  dollars,  part  there- 
of, on  the day  of  May  next  enfuing  the  date  here* 

of ;  sixty  dollars  more  thereof  on  the  -—  day  of  A*^- 


CONDITION,  277 

"cembcr,    then  next   follov,  iiicj  ;  and  s'lxfy  dollars,  the 

relklue,  and  in  lull  payment  thereof",  on  the day  of 

Miiy^  which  will  be  in  the  year  of  our  Lord  one  ihoii- 

land  eight  hundred  and ,  without  fraud  or   covin, 

then  thib  oblig.ition  to  be  void  :  But  if  deiauit  llndl  be 
made  in  };aynient  of  any  or  cither  of  the  faid  fums  on 
the  day;^  and  times  herein  before  mentioned,  and  ap- 
pointed for  payment  thereof  refpccUvely,  then  to  be 
and  remain  in  full  force  and  virtue. 


For  Payment  of  Money  ^voith  Intercst^at  seiner  al  timcs% 

The  condition  of  this  obligation  is  fucb,  That  if  the 
above  bounden  Caleb  Doc^  his  heirs,  executors,  or 
adininillracors,  do  well  and  truly  pay  or  caufe  to  be 
paid,  unto  the  above  named  jDi77;/c//  /J<;T)(',  his  executors, 

adminiRrators  or  afli[^!]s,  the  full  fum  of dollars, 

with  intereft  for  the  fame,  after  the  rate  of  lix  dollars 
for  every  one  hundred  dollars,  for  every  year,  on  the 
days  and  times,  and  in  manner  following,  that  is  to  fay. 

The  fum  of  dollars,   part  thereof,    with  interell 

for  the  lame,  alter  the  rate  of  hx  dollars  for  every  one 

hundred  dollars,  for  a  year,  on  the day  of- 

next  cnfuinj]^  the  date  of  the  above  written  obligation, 
which  \vill  be   in  the  year  of  our   Lord  one  thoufand 

ci|^ht  hundred  acid ;  the  fum  of — '■ —  dollars  more 

thereof,  with  intereft  for  the  fame,    ^fter    the    rate    a« 

forefaid,  on  the day  of then  next  follo\\  iii^, 

and  the  fum  of dollars,  refidpc  thereof,  with  int^e- 

fed  for  the  fame,  after  the  rate  afo'efaid,    on  the 

day  of then   next  enfuing-,   which   will  be  in   the 

year  of  our  Lord  one  thoufand  eight  htindred  and , 

then  this  obligation  to  be  void,  but  if  default  lliall  hap- 
pen to  be  rnnde  in  payment  of  any  or  either  of  the  faid 
fevcral  and  refpcctive  fums  of  money  above  mentioned, 
with  intereft  as  albrefaid,  or  any  part  of  any  of  them ,  oa 


^78  CONDITION. 

:any  of  the  faid  days  or  times  above  mentioned  for  pay- 
menl  thereof,  according  to  the  true  intent  and  meaning 
of  thefe  prefents,  then  this  obligation  to  l)c  and  remaiin 
in  fuii  force  and  virtue. 


T<3  Marry  a  certain  Ftrson.,  or  Pa^  a  Sum  qf  ]\[oney\ 

The  condition  of  this  obligation  isfuch,  That  if  the 

above  bounden  Caleb  Rovjan^  do,  on  or  before  the 

day  of next  enfuing  the  date  of  the  above  writ- 
ten bond  or  obligation,  efpoufe  and  marr}^,  according 
to  theufage  oitht  Epis.copal  (A\i\rc\\  of  the  United  States, 
Molly  iSVi??2,  daughter  oi Solomon  Slim^  oi Middlctowu 
aforefaid,  if  fiie  the  faid  Molly  Slijn,  will  thereunto 
•confent,  and  the  laws  of  the  United  States  permit  the 
i*aid  marriage  to  be  confummated  :  Or,  if  it  Ihall  hap- 
pen the  fiiid  Caleb  Roivan  Iliall  not  marry  and  take  to 
wife  the  faid  Molly  Sl'im^  as  aforefaid  ;  if  then  the  faid 
Caleb  Rowan  do  and  ihall  well  and  truly  pay  or  caufe 
to  be  paid  to  the  fliid  Molly  Slim^   her  executors,   ad- 

niiniflrators  and  afiigns,  the  full  fum  of dollars, 

on  or  before  the  — ■ —  day  of above  mentioned, 

then  this  obligation  to  be  void,  or  elfe  to  be  and  re- 
main in  full  force  and  virtue. 


To  Execute  a  Con'ocyance, 

The  condition  of  the  above  obligation  is  fuch,  That 
if  the  faid  Isaac  Row,  Ihall  and  do,  on  or  before  the 

day  of  May  next  enfuing  the  date  hereof,  or  in  cafe 

of  his  death  before  that  time,  if  the  heir  or  heirs  of  the 
faid  Isaac  Row^  vvitliin  fix  months  next  after  his  de- 
<ieafe,  (if  fuch  heir  or  heirs  fliall  be  then  of  full  age,  or 
if  within  age,  then  within  fix  months  after  fuch  heir  or 
heirs  ihall  be  of  full  age)  fliall  and  do,  upon  the  reafon- 
able  requeft,  and  at  the  proper  coil|  and  charges  in  thjt 


CONDITION.  279 

Jaw,  of  the  fliid  Bion  JVdsh^  l\is  heirs  or  alTigns,  make, 
excciucandackna\vleclge,or  caulcio  to  be, all  and  e\ery 
ffich  ad  or  acls,  deed  or  deeds,  conveyance  or  convey- 
ances whatfoever  which  (hall  be  needlul  or  necelVar}-, 
lor  conveymg,  afuiring,  ellabhihing  and  confirming 
unto  the  laid  B'lon  U'chb,  his  heirs  and  aiiigns,  a  good^ 
pure,  abfolute  and  indcteaiible  ellatc  of  inlicritance  in 
iee  rim))le,  clear  of  all  incumbiances,  of  and  ina  ccrtaia 
iiiciluai^c,  8s.c.  with  the  appurtenances  ;  and,  if  in  the 
mean  time,  and  uhilc  and  until  the  fame  deed  or  deeds 
Ihall  be  executed,  the  faid  Isaac  Ro\-o^  his  heirs  and 
aHigns,  fliall  and  do  permit  and  futfer  the  faid  B'loj^ 
Welsh ^  his  heirs  and  alligns,  peaceably  and  quietly  to 
have,  hold  and  cnjo}  the  fame  mefTuage,  &c.  Then,  &.c. 


To  leaiie  Money  to  a   JV'tfc, 

Whereas  a  marriage  is  intended  to  be  fliortly  had 
and  folemnized  between  the  above  bounden  John  Colt, 
and  Hannah  Beam^  'the  mother  of  the  above  niuiied 
Giles  Beam  and  Safni/cl  Beam,)  Now  the  condition  of 
the  above  obligation  is  fuch,  'ihat  if^afrcr  the  laid  in- 
tended marriage^  the  faid  H'.innab  (liall  happen  to  fur- 
vive  the  faid  John,  her  intended  hufcand,  then,  and  int 
fuch  cafe,  if  the  heirs,  executors  or  admin illratovs  of 
him,  the  laid  John,  fliall  and  do,  withiii  the  fpace  ofV. 
six  months,  next  after  his  deceafe,  well  and  truly  p-y^, 
or  caufe  to  bcpaid,  u  ito  her,  th'-  faid  Hannah,  or  her 
alugns,the  fumof  o;/t'  hundred pounds,to,^ni\fc.r  herowrk 
proper  ufe  and  beriLTit, and  tb  be  at  her  own  free  and  ab- 
folute difpofal,  wirhout  any  manner  of  account  to  be 
given  by  her,  for  or  concerning  the  fame,  then  the  a- 
bove  obligati©;!  to  be  void  and  of  none  effe^l,  or  elfe  to 
remain  in  full  force  and  virtue. 


280,  CONDITION, 

To  Secure  a  Sum  of  Money  to  an  iniended  Wife. 

Whereas  a  marriage  is,  by  God's  permiffion,  intend- 
ed Ihortly  to  be  had  and  foltmnized  between  the  above 
bound  James  Jones  aiidJJetsy  Pole,  one  of  the  daugh- 
t€rs  of  the  above  named  phii'ip  Pole :  And  vvhereas 
the  faid  James  Jones^  in  coniideration  of  the  faid  in- 
tended niarriiige,  and  of  the  portion  dr  fortune  of  the 
faid  Betsy  FoU\  hath  agreed  that  if  the  faid  intended 
marriage  Ihall  take  effecl,  and  the  faid  Betsy  Pole  Ihall 
happen  to  furvive  him,  and  there  fhall  not  be  any  child 
or  children  begotten  between  them,  nor  any  iiTue  of 
fuch  child  or  children  then  living,  or  afterwards  bom 
ahve,that  fl"je  the  faid  Betsy  P<)/<7, Ihall  have  and  receive 
out  of  the  ertate  and  eire61s  of  him  the  faid  James  Jones, 
to  and  for  her  ov.n  proper  ufe  and  benefit,  the  fum  of 
— — —  dollars  ;  but  in  cafe  the  faid  Betsy  Pole,  fliall 
furvive  the  faid  James  Jones,  and  there  Ihall  be  any 
child  or  children  begotten  between  them,  or  any  ilTue 
of  fuch  child  or  children  then  living,  or  afterwards  born 
alive,  that  then  and  in  fuch  cafe,  the  heirs,  executors, 
or  adniiniilrators  of  the  faid  James  Jones,  Ihall  within 
three  months,  next  after  his  deceafe,  Vs'ell  and  truly  pay 
or  caufe  to  be  paid  unto  the  faid  Philip  Pole  and  John 
Pole,  or  the  farvivors  of  them,  his  executors,  admini- 

llrators  or  alfigns,  the  full  fum  of dollars,  upon  the 

trulls  hereinafter  mentioned.  Now  the  condition  of  the 
above  written  obligation  is  fuch, that  if  thefaid  intended 
marriage  fliall  take  eiFe6l, and  the  faid^(?^5yP<7/dhall  hap- 
pen to  furvive  the  faid  James  Jones,  and  there  fhall  not 
be  any  child  or  children  begotten  between  them,  nor 
any  ilTue  of  any  fuch  child  or  children,  who  ihall  be 
living  at  fuch  the  deceafe  of  the  faid  James  Jones,  or  • 
afterwards  born  alive,  then  and  in  fuch  cafe  if  the  heirs» 
executors  or  adminiltrators  of  the  faid  James  Jones^ 
fliall  and  do  immediately  after  fuch  the  deceafe  of  the 
{^vlJamjr  Jcncs.^  wtII  and  truly  pay  or  ^aufe  to  be  paid. 


CONDITION.  2Ql 

\into  thefaid  Bcisy  PoL\  the  full  and  juft  fiim  of — • 
doiiais,  to  and  lor  iitr  own  proper  ufe  and  bcnclit  for 
ever  ;  or  in  calc  the  faid  Bttsy  Pole  Ihall  happen  to  fur- 
vive  the  faid  James  Joncs^  and  there  fliall  be  any  child 
or  children  begotten  between  them,  or  any  iilne  yffucU 
child  or  children  living  at  fiich  the  deceafe  ol  the  faid 
James  'Jones^  or  afterwards  born  alive,  then  if  tha 
heirs,  executors  or  adminillrators  of  the  faid  James 
Jones,  Ihall  and  do  within  three  months  next  after  fucU 
the  deceafe  of  the  faid  James  Jones^  u  ell  and  truly  pay 
or  caufc  to  be  paid,  unto  the  faid  PhililJ  Pole  imdJo/jit 
Pole,  or  the  furvivor  of  them,  his  executors,  admini- 
llrators or  afligns,  the  like  fum  of dollars,  upon  the 

trufts,  and  to  and  for  the  intents  and  purpofes  herein- 
after mentioned,  and  declared  of  and  concerning  the 
fame,  that  is  to  fay  :  In  truft,  that  they  the  faid  Pbilijj 
Pole  a.ndJo/jn  Pole,  or  the  furvivor  of  them,  his  exe- 
cutors, adminillrators  or  afligns,  do  and  fliall,  as  fooii 
as  conveniently  may  be,  after  the  receipt  thereof,  lay 

out  the  faid dollars,  in  the  purchafe  of  fuch  funds 

or  ilock  as  they  Ihall  think  fit,  and  pay  to  or  otherwife 
permit  and  fuller  her  the  faid  Betsy  Pole,  or  her  afligns, 
to  receive  and  take  the  intereft  or  annual  dividends  and 
profits  thereof,  during  her  natural  life,  and  from  and 
immediately  after  her  deceafe,  in  trull  that  they  the  faid 
Philip  Pole  and  John  Pole,  or  the  furvivor  of  them, 
his   executors,    adminillrators  or  afiigns,   do  and  fliall 

pay  and  difpofe  of  the  faid dollars,   and  afiign  and 

transfer  the  faid  fund*  or  flock,  wherein  the  fame  fliall 
be  then  vefled,  unto  und  equally  amongft  all  and  every 
the  child  and  children  of  the  body  of  the  faid  James: 
Jones,  on  the  body  of  her  the  faid  Betsy  Pole,  his  in- 
tended wife,  to  be  begotten,  which  lliall  be  living  at 
the  time  of  the  deceafe  of  the  hiid  Betsy  Pole,  and  the: 
jlfue  which  fliall  be  then  living  of  fuch  child  or  chil- 
dren of  the  faid  James  Jones  and  Bets^  Pole  as  fliall 
Ijappeu  to  die  in  the  lifetime  of  the  iitid  BeUy  Pok  k 


282  C  O  N  D  I  T  I  O  Nc 

fuchilTue  neverthelefs  toiake  only  the  fame  fliarethercof 
as  his,  her,  or  their  relpective  iuther  or  mother  ^voukl 
liave  been  entitled  to,  il  living,  at  the  deccale  of  the  faid 
Bttsy  Pole  as  aforefaid,  Then,  8^c. 

To  Suffer  a  Wife  to  Lhe  a-partfrom  her  Husband, 

Know  all  men,  Sec.  Whereas  .7^M(?  the  wife  of  the 
above  bound  Bion  Ba'tn,  doth  now  live  feparate  and  a- 
part  from  her  faid  hufljand,  and  follows  the  trade  or 

employment  of  making  and  felling  ,  and  the  litici 

JBion  Baiiu  hath  agreed  that  his  faid  wife  fliall  have  and 
receive  all  benefit  arifmg  thereby,  or  by  any  other  trade 
orbufinefs  which  (lie  fliall  think  fit  to  follow,  to  and 
for  her  own  feparate  ufe  and  fupport ;  wherewith  he 
the  faid  Bion  Bain  is  not  to  intermeddle,  or  have  any 
profit  or  advantage  from  ;  fo  as  flie  the  fi\id  Jane  Bain 
cloth  not,  and  fliall  not  contract  any  debt  or  debts, 
whereof,  or  by  means  whereof,  the  perfon  or  effc6\s  of 
her  faid  hufijand  (liallor  may  be  fued,  charged,  or  in- 
<:umbered,  by  any  means  whatfoever  :  Now  the  con- 
dition of  this  obligation  is  fiich,  that  if  the  faid  Bion 
Bain^  do  and  fliall  from  time  to  tim.e  during  the  fpace 

of years,  now  next  enfuing  (if  the  faid  Jane  Bain 

Hiall  fo  long  live)  permit  and  fnffer  the  faid  Jane  Bain 
his  wife,  to  live  feparate  and  apart  from  him,  and  to 
have  and  receive  all  benefit,  profit,  and  advantage  arif- 
ing,  or  which  fliall  arife  by  her  faid  trade  of  making 

iind  felling ,  or  any  other  trade  or  bufinefs  which 

ilie  fliall  follow  or  employ  herfelf  in  during  the  faid 
term,  to  and  for  her  own  feparate  ufe, fupport  and  main- 
tenance, without  any  account,  fuit,  trouble  or  molefta^ 
tion  whatfoever,  and  without  acting,  doing  or  caafing, 
or  permitting  to  be  done,  any  a6l,  matter  or  thing  what- 
foever, whereby  or  wherewith,  or  by  means,  or  occa- 
*on  whereof  tbe  faid  Jane  Bain  his  wife,  fliall  or  may 


CONDITION.  285 

be  niolcfl.c(l  or  incumbered,  by  any  ways  or  means 
whatfoever,  and  alio  ifthefaid  Biun  Jiain,  his  execu- 
tors or  adminiltrators,  or  his  or  then-  floods  or  chattels, 
lands  or  tenements  lliall  at  any  time  hereafter,  during 

the  f.iid  term  of years,  be  I'ued,  attacked,  or  o- 

therwife  charged  and  incumbered,  for  or  by  re^ifon  or 
means  of  any  debt  or  debts  which  his  laid  wife  hath  or 
iliall  or  may'contrdcl  :  then  in  cither  of  the  faid  cafes 
this  obligation  to  be  void,  or  cll'e  to  remain  in  full  force 
and  virtue. 

ff'a  save  Harmless  from  paying  Rent  'where  the  Title 
is  in  (Question, 

Wliercas  tiiere  is  a  fuit  depending  between  the  above 
bound  Ruui  Cox  and  others,  touching  the  right  and 
intereft  in  ihe  now  dwellin^-houle  of  the  al)0ve  named 

Isaac  Fanc\   lituate  in .      And   whereas    the  faid 

Isaac  Fane^  halh  neverthckfs  agreed  to  pay  the  rent  of 
the  faid  houfe  to  the  f  lid  Rian  Cox^  yearly, as  the  fame 
Ihall  grow  due,  upon  his  agreeing  to  indemnify  h'lin 
therefrom  ;  the  condition  therefore  of  the  above  w  ritten 
obligation  is,  that  if  the  faid  Rian  Cox\  his  executors, 
adminiilrators  or  afiigns,  do  and  fliall  well  and  truly 
pay  or  caufe  to  be  paid,  to  the  faid  Isaac  Fane^  his  ex- 
ecutors, adminiilrators  or  afligns,  all  fuch  rent,  fiim  and 
funis  of  money,  charges  and  damages  w  hatfoever,  as 
Ihall  by  due  proceedings  in  law  beadjudged  or  decreed 
againR  him,  the  faid  Isaac  Fane^  his  executo'-s,  ad- 
miiiiftrators  or  afligns,  and  all  other  cnfts  and  damages 
whatever,  which  he,  the  faid  Isaac  Fane,  fliall  fiillciin, 
or  be  at,  by  reafon  of  any  artion,  fuit,  or  forfeiture 
whatfoever,  which  (hall,  or  may  happen,  or  be  to  the 
faid  Isaac  Fane,  his  executors,  adminiftrators  or  af- 
figns,  by  reafon  of  paying  the  faid  rent,  or  any  part 
thereof,  to  the  faid  Rian  Cox,  his  executors,  admiTU- 
flrators  or  afligns,  ia  manner  aforcfaid.  That  then,  £s.c^ 


^U  CONDITION. 

Por  Service  of  an  Appreiitice. 

Whereas  Adam  Bend,  ion  of  the  above  bounden  C«- 
leb  Bend,  by  indentuie  ot'apprenticcihip,  bearing  even 
date  with  the  above  written  obiigatioii,  ha ih  bound  and 
put  himlell  apprentice  to  the  above  nanied  Enogh  I'en^ 
"With  hnn  to  dwell  and  abide,  fiom  the  day   of  the  date 

hereof  unto    the     full  end  and    term    of  years 

thence  next  enfuing,  and  fully  to  be  complete  and  end- 
ed, as  by  the  laid  indenture  may  more  fully  appear. 
Isjow  the  condition  of  this  oblig.:iion  is  fuch,  'i  hat  if 
the  fuid  Adam  Bend^Y^W  well  and  truly  ferve  and  dv*ell 
"with  the  faid  Enoch  Fen^  after  the  manner  of  an  appren- 
tice, during  all  the  faid  term  of years,   according 

to  the  true  intent  and  meaning  of  the  faid  indenture  : 
And  if  the  fiiid  Adam  Bend  Iball  not,  during  the  faid 
term,  waile,  embezzle,  or  confume  the  goods  and  chat- 
tels of  the  {'A\di  Enucb  Fen^  his  executors,  adminiftra- 
tors  or  affigns ;  but  fliall  behave  himfelf  honellly  and 
obediently  towards  the  faid  Enoch  /'>?;,  his  executors, 
adminiilrators  or  aifigns,  as  a  good  and  dutiful  appren, 
tice  ought  to  do,  during  the  faid  term_.     Then,  &c. 


To  Suffer  a  Wife  to  Lhe  a-part  and  have  all  her 
EJfects^  and  to  Behave  ^iietly  to  her. 

Know  all  men,  &c.  Whereas  MaUy\  the  wife  of 
the  faid  Rian  Boe^  hath,  for  fevcral  years  kill  paft,  lived 
feparate  and  apart  from  the  faid  Riaii  Boe^  her  huiband, 
and  hath  during  all  the  faid  time,  maintained  and  pro- 
vided for  herfelf,  and  Jane  the  daughter  of  the  faid 
Rian  Roe^  without  any  expenfe  to  the  faid  Ria7i  Roe, 
And  whereas  it  is  agreed  betw  een  the  faid  Rian  Roe^ 
and  the  faid  Molly  his  w  ife,  that  the  faid  Molly  the  wife 
©f  the  faid  Rian  Roe^  fhall  and  may  at  all  times  here- 
after live  feparate  and  apart  from  the  faid  Rian  Roe, 
*nd  alfo  that  the  faid  Molly  Roe  fiiall  and  may  ha\'e; 


CONDITIO  N.  28S 

liold,  and  enjoy  to  her  Iblc  and  Icparatc  ufe,  all  fuch 
lUoiijcs,  goods,  and  enccls,  as  the  iuid  Alolly  J\uc\  is 
now  poiieiied  of,  or  Ihali  or  may  at  any  time  or  times 
heixaltcr,  gel  or  accjuirc,  or  w  hich  liiall  be  sjiven  or 
beqiieathed  to  her  by  any  pcrlbn  or  perlons  \vluitroever, 
\\  ithoLit  any  hindrance,  moleilaiion,  or  interrnpti<3n,  of 
or  by  him  the  laid  I\'iiin  Roc.  And  whereas  the  laid 
Riiiu  Rue,  hath  ah'^o  agreed  lo  behave  himielf  peacea- 
bly and  quietly  towards  the  faid  Molly  Roe,  his  wife, and 
the  ^AiiUane  Roe,\ui>  dau<?;hter,and  not  to  moled,  ailuult, 
dilturb,  or  do  any  bodily  hurt  or  injury  to  them  or  ei- 
ther of  them  :  Now  the  condition  of  this  obli'^ation  is 
fnch,  That  if  the  above  boundcn  Rian  Roc.  lliall  and  do 
Irom  time  to  time  and  at  all  times  hereafter,  duricif^  the 
term  of  his  natural  life,  permit  and  fuiTer  the  laid  Mol^ 
ly  Roe,  his  wife,  and  the  faid  Jane  Roc,  his  daughter, 
(in  cafe  they  or  either  of  them  Ihall  {o  long'  liappen  to 
live;  to  live  itparate  and  apart  from  the  laid  Rian  Roe, 
without  any  moleilation,  diilurbance  or  interruption  of 
or  by  him  the  faid  R'uw  Roe,  and  alio  if  the  faid  Rian 
Roe,  his  executors  or.admmiftrators  Ihiill  and  do  at  all 
times  hereafter,  permit  and  fuffer  the  faid  Molly  Roe^ 
his  wife,  to  have,  hold,  and  enjoy,  to  her  fole  and  fepa- 
rate  ufe,  all  and  every  the  monies,  goods,  chatrels  and 
cftb6\b,  whereof  the  faid  Molly  Roe  is  now  polfefied, 
and  aSfo  all  and  every  the  monies,  goods,  chattels  and 
effe61:s  which  the  faid  Molly  Roe,  fliall  or  may  at  any 
time  or  times  hereafter,  ^et  or  acquire,  or  which  faall 
or  may  be  given  or  bequeathed  tothe  faid  Molly  Roe^ 
by  any  perfon  or  perfons  va  hatfoever,  without  an\-  hind- 
rance, molellation,  or  interruption,  of  or  by  him  the  faid 
RiaJi  Roe,  and  alio  if  the  faid  Rian  Roe  ihall  and  do, 
from  time  to  time  and  at  all  times  hereafter,  demean 
and  behave  himielf  peaceably  and  quietly  towards  the 
faid  Molly  Roe,  his  wife,  and  the  laid  Jane  Roe,  his 
dau|2;hter,'and  each  of  them,  and  fliall  not,  nor  in  any 
niaiiner  \i  hatfoever  molell,  affault,  drflurb,   or  do  any 


2S6  CONDITION. 

bodily  hurt  or  injury  to  the  faid  Molly  Roe,  his  wife, 
and  the  faid  Jane  Roe,  his  daughter,  or  either  of  them, 
thwi  this  obligation  to  be  void  ;  but  if  default  fliall  be 
made  in  performance  of  all  or  any  of  the  conditions  a- 
bove  fpccified,  then  this  obligation  is  to  remain  and 
be  in  full  force  and  virtue. 

ICr"  Such  bonds  muft  not  be  made  to  the  womaA 
berfelf,  but  to  fonie  perfon  for  her  ufe. 


To  IndemnJfy  against  a  lV"ifc''s  Donxicr. 

WliCrcas  the  above  bounden  Charles  Cheney,  by  in- 
dentures of  ieafe  and  releafe,  the  leafe  bearing  date  the 
day  before,  and  the  releafe  even  date  with  ihefe  pre- 
fents,  bath  bargained,  fold,  releafed  and  conveyed,  to 
t^^Q^  above  named  David DreTo,  and  his.heirs  and  afligns 
forever,  an  undivided  moiety  of  all  that  meifnage  or 
tenement,  and  other  preniifes  particularly  dcfcribcd  in 
the  faid  indentures  of  leafe  and  releafe  :  And  whereas 
the  above  bounden  Charles  Cheney  is  married,  by  rea- 
foa  whereof  a  fine  ought  to  be  levied  of  the  premifes, 
by  the  faid  Charles  Cheney  and  Jane  his  wife,  to  bar 
her  of  her  dower  or  thirds,  or  any  other  right  flie  may 
have  or  claim,  in,  to  or  out  of  the  faid  premifes,  or  any 
part  or  parcel  thereof,  in  cafe  (lie  fiiould  furvive  her  faid 
hufaimd  ;  but  the  faid  David  Dre%v,  in  order  to  fave 
the  expenfe  thereof  is  willing  to  accept  the  fecurity 
hereby  intended  to  fecure  him  and  his  heirs,  and  the 
faid  premifes,  againil  fiich  claim  and  demand  of  the 
faid  Jane  Cheney,  The  condition  therefore  of  the  above 
written  obligation  is  fuch,  that  if  the  faid  Charles  Che- 
ney  and  Jane  his  wife,  or  either  of  them,  their  or  either 
of  their  heirs,  executors,  adminiilrators  or  aifigns,  do, 
and  (hall,  from  time  to  time  and  at  all  times'  hereafter 
(until  a  fine  of  the  faid  pren^ifcGj  purfuant  to  the  faid  in- 


CONDITION,  28t 

denture  of  relcafe  fliall  be  hud  and  levied)  well  and  fuf- 
ilcicntly  fave,  dtfeiid,  keep  hurmlefs  and  iiKleninificd 
the  [u\l\  David  Drew ^h'l^  heirs,  executors,  admsuiftia- 
tors  and  afiigns,  and  ihe  fuid  purchaltd  premiles  lb  as 
al'orefaid,  bargained,  Ibid  and  eonveytd  to  the  faid  Z)«- 
'vid  Drew,  his  heirs  and  afiigns,  and  every  part  iuid  par^ 
eel  thereof,  and  the  rents,  iilues  and  proiits  thereof, 
and  of  every  part  and  pareel  thereof,  from  and  agaii.lt 
all  the  dower  or  thirds  at  common  law,  or  title,  claim, 
or  demand  of  dower  of  the  faid  Jajie  Cheney^  wife  of 
the  fuid  Charles  Cheney^  which  ihe  can,  fl.all,  or  may 
at  any  time  hereafter  claim  or  demand,  by  reafon  or 
means  of  the  faid  Jane  Cheney^  being  the  wife  or  wi- 
dow of  the  faid  Charles  Cheney  and  all  other  her  claim 
and  demand  v.-hatfoever,  in  law  or  equity,  or  otherwife 
howfoever,  in,  to  or  out  of  the  faid  purchafed  premi*. 
fes,  or  any  part  thereof  :   Then,  &:c. 


To  Pay  Mortgage  Money. 

The  coiSBition  of  this  obligation  is  fuch,  That  if  the 
above  bounden  Adam  Barney,  his  heirs, executors,  ad« 
miniftralors,  or  any  of  them,  (hall  and  do  well  and  tru- 
3y  pay,  orcaufe  to  be  paid  unto  the  above  named  Caleb 
IJoe,  his  certain  attorney,  executors,  adminiftrators  or 

alhgns,  the  juil  and  full  fum  of dollars,  on  the 

day  of next  enfuing  the  date  above  written,  being 

the  fame  fum  of  money  which  is  mentioned  to  be  due 
and  ow  ing  by  the  faid  Jdel  Barney,  unto  the  above 
mentioned  Calel?  Doe,  in  certain  indentures  of  demlfe 
or  mortgage  bearing  the  dale  above  w  riiten,  made  or 
mentioned  to  be  made  between  the  fiiid  Jpel  Barney, 
of  tlie  one  part,  and  the  faid  Caleb  Doe,  of  the  other 
part,  by  and  upon  the  fevcral  fecurities  as  therein  are 
mentioned  ;  then,  &.G. 


•28S  CONDITION. 

To  Maintain  Parents. 

Whereas  the  faid  Adam  Sly,  and  Mary  lils  wife,  by 
indenture  bearing  even  date  herewith,  have  granted 
and  conlirmed  unto  the  laid  Fcter  Sly,  in  fee,  a  certain 
mefluage,  &c.  with  the  appurtenances,  tht  laid  Peter 
Sly  having  agreed  to  maintain  them,  the  faid  Adatn 
Sly,  and  Mary  his  wife,  (,his  father  and  mother,)  dur- 
ing their  natural  lives.  Now  the  condition  of  the  above 
obligation  is  fuch,  That  if  the  above  bounden  Peter 
Sly^  his  heirs,  executors,  adminillrators  or  afligns, 
fliall  and  do,  well  and  fuflicientiy  maintain,  fupport  and 
keep  the  faid  Adam  Sly,  and  Mary  his  A\'ire,  during 
their  natural  lives,  and  the  life  of  the  furvivor  of  lliem, 
with  good  andfufficient  mea!",  drink,  apparel,  vvaftiing, 
]ode-ing  and  attendance  in  fickntfo  and  in  health  ;   and 

alfo  pay  unto  them  the  fum  of dollars  yearly,  dur^ 

ingthe  term  aforefaid;  then,  &c. 


Another  Form. 

The  condition  of  the  above  obligation  is  fuch,  That 
if  the  faid  Peter  Sly,  his  heirs,  executors,  adminillra- 
tors or  aifigns,  fiiail  and  do,  alloiv  the  faid  Adum  Sly, 
and  Mary  his  wife,  and  the  furvivor  of  them,  the  fole 
life  of  the  room  [or  bo  me']  which  they  now  occupy  on 
the  premifes,  with  the  neceiHiry  privileges  in  the 
kitchen  and  cellar,  and  fliall  and  do  deliver,  or  caufe  to 
be  delivered,  unto  the  faid  Adam  Sly,  yearly  and  every 
year,  during  the  joint  lives  of  the  faid  Ada?n  Sly,  and 
Mary  his  wife,  the  following  articles,  in  good  order, 
and  at  proper  feafons,  to  wit  :  [Detail  the  articles.'] 
And  in  cafe  of  the  death  of  either  of  them,  fliall  and  da 
deliver  unto  the  furvivor  of  them,  one  half  of  the  arti- 
cles aforeltiid,  and  fliall  and  do  provide,  and  keep  for 
them,  and  thefiirvivor  of  them,  a  good  ridinghorfe  and 


CONDITION.  28fl 

sn'ilch  cow,  to  be  changed  as  often  as  need  be,  and  feed 
aikl  pLilUire  the  lame  in  like  manner  with  his  or  their 
oan  ;  men  the  above  obiii^ation  to  be  void  ;  but  if  de- 
fault Ihall  be  made  iii  any  of  the  articles  atbrefdid  ; 
then,  Jkc.  - 


A  Counter  Bond  of  Indemnity  to  Persons  ivbo  bad  en- 

tered  into  a  Bond  to  the  Bank  of ,  to  indemnijy 

them  on  their  paying  a  lost  Note. 

Whereas  the  above  named  Edmund Emes^  and  Ba- 
sil Brown^  at  the  Ipecial  inllance  and  rcqucll  of  the  a- 
bove  bound  Lewis  Lucas^  in  and  by  one  bond  or  obli- 
gation, bearing  date  on  or  about  the day  of  — — 

lall,  are  become  and  itand  jointly  andfeverally  bound, 

unto   the  prelident  and  directors  of  the  bank  of ■, 

in  the  penal  Turn  of dollars,  conditioned  for  faving 

harmlcfs  the  faid  prelident  and  dire6l:ors.  on  account  of 
their  having  paid  the  laid  Edmund  Ernes  and  Basil 

Br&wn,  the  fum  of  dollars,  being  the  value   of  a 

note  belonging  to  the  faid  Lewis  Lucas,  No.  ,  A'. 

27,    bearing  date  the  faid day  of ,  payable  to 

Daniel  Kace,  vvhicli  is  fuppofed  to  be  millnid  or  de. 
ftroyed,  without  having  the  laid  note  delivered  up  to  be 
'cancelled,  as  in  and  by  the  faid  bond  or  obligation,  and 
the  condition  thereof  relation  being  thereunto  had  may 
appear  :  And  whereas  the  faid  Edmund  Ernes  and  Ba- 
sil  Brown,  have  on  or  before  the  day  of  the  date  here- 
of, paid  the  faid  Le'^is  Lucas,  the  fum  of dollars, 

received  by  them  for  his  uie,  of  the  (liid  prefident  and 
diredors  as  aforefaid,  the  payment  and  receipt  where- 
of he  the  faid  Lewis  Lucas  doth  hereby  acknowlede^e  : 
Now  therefore  the  condition  of  the  above  writ^en  obli- 
gation is  fuch,  that  if  the  faid  Leivis  Lucas,  his  heirs, 
executors  or  adminiUrators,  do,  and  fliall  from  time  to 

[37] 


290  CONDITIO  N. 

time,  and  all  at  times  hereafter,  well  and  ftifaclently 
iave,  defend  and  keep  haimkCs  and  indennnificd,  the 
iliid  Echnitnd  Kmes^  and  Basil  Urcvjfi,  and  each  of 
them,  their  and  each  of  their  heirs,  executors  and  iid- 
miniilratorb,  and  their,  each  and  every  ofjtheir  lands;., 
tenements,  g'oods  and  chattels,  of,  from  and  againil  tlie 
laid  recited  bond  or  obligation,  and  of  and  from  all 
cofts,  charges,  payments,  daniLiges  and  cxpenfes  uhat- 
foever  nhich  they,  any  or  either  of  them  Ihall  or  ma.y 
bear,  pay,  fuftain,  or  be  put  unto,  for  or  by  reafon  of 
their  having  entered  into  the  faid  recited  bond  as  afare- 
faid.     Then,  &.c. 


'J^or  Payment  of  an  Anmdty   dur'wg  the  Life  of  a 
Fuiiie  Co'uert. 

Whereas  the  above  named  Auner  JtjI,  Ivath  con- 
trailed  and  agreed  with  the  above bounden  Nifg/j/foiv., 

for  the  purchafe  of  a  clear  annuity  or  yearly  fum  of , 

payable  to  him  the  faid  Abner  A'wi,  his  executors,  ad- 
jtiiiniitrators  or  aiTip^ns,  during  the  life  of  Moiiy  M'nix^ 

the  wife  of  Tims  Minx,  of -,  at  or  for  the  price  or 

lum  of ,  which  faid  funi  of the  faid  Abner 

.Aiul,  hath  advanced  and  paid  to  the  fuid  Hugh  How,  at 
or  before  the  fealing  and  delivery  of  the  above  obliga- 
tion, the  receipt  whereof  the  faid  Httgh  Hoiv,  doth  here- 
by acknowledge,  and  thereof,  and  of  and  from  every 
part  thereof,  dothacqnit,  exonerate,  releafe,  and  for  ever 
4dif€harge,  the  Hiid  Abner  Awl,  his  heirs,"  executors 
and  adminiftrators,and  every  of  them  by  thefe  prefents: 
The  condition  therefore  of  the  above  wr:t::en  obligation 
isfnch,  That  if  the  faid  Hugh  Hoiv,  his  heirs,  execu- 
tors or  adminifcrators,  do  and  fliall  well  and  truly  pay, 
or  caufe  to  be  paid,  unto  the  faid  Abner  Aiul,  his  exe- 
cutors, adminifirators  or  affigns,  one  annuity  or  clear 
^^early  fum  of -^^-i^  dollars,  by  half  yearly  payments  oa 


CONDITION.  291 

the (lay  of ,  and  tlie day  of ,  in  every 

year  duruii.;' the  lif/j  ol  ilic  laid  Molly  Miux\  by  ecjual 
portioiib,  elear  oi  all  deductions,  on  any  account  or  pre- 
tijncc  w  hDtlbexer  ;  the  firft  half  yearly  payment  there- 
of to  be  made  on  the day  of next,  and  aifo  a 

proportionable  part  of  the  faid  annuity,  or  clear  yearly 

i'um  of ,  for  or  in  refpecl  of  fo  many  diiys  as  Ihall 

have  ela[)fcd  from  the  lull  half  yearly  day  of  payment 
lit  xt  preceding  the  deccafe  of  the  faid  Molly  Minx ^  up 
to  the  day  of  her  death  :  Then  the  faid  obligation  to 
l)c  void,  i)ul  if  default  Uiall  be  n)ade  of,  or  in  pa\  ment 

of  the  faid  annuity  or  clear  yearly  fum  of ,  or  any 

part  thereof  at  the  days  or  times  aforefaid,  or  any  of 
them,  then  the  faid  obligatiou  to  be  and  remain  in  full 
force,  virtue,  and  effect. 


To  perform  Coijcnants. 

The  condition  of  this  obligation  is  fuch,  That  if  the 
above  bounrlcn  J-isr/jcr  Dot\  her  executors  and  admi- 
iiiilrators,  do  ueil  and  truly  obferve,  perform,  fuliil, 
accomplifh,  pay  and  kecj)  all  and  fmgulur  the  cove- 
nants, grants,  articles,  claufes,  provifoes,  payments, 
conditions  and  agreements  M'hatfoever,  \^  hich  on  the 
part  and  behalf  of  the  laid  Esther  Doe^  her  execurors 
and  adminillrators,  are  or  ought  to  be  oblVrved,  per- 
formed, fuifi'led,  accomplilhed,  paid  ahd  kept,  com- 
prifed  or  mentioned  iii  one  pair  of  indcjiturcs  of  leafc, 
[or  other  deed,  as  the  case  /.?-J  bearing  even  date  witli 
thefe  prefents,  ma"!  e  or  ex  pre  {fed  to  be  made  between 
the  above  named  ha  Leach,  of  tlie  one  part,  and  the 
above  bounden  Esther  Doc,  of  the  otlier  part,  in  all 
tilings,  according  to  the  true  intent  aud  meaning  of  the 
fame  ;   tlicn,  Sec. 


$92  CONDITIO  N. 

To  permit  a  J'/ift-'  to  make  her  IViU. 

Whereasamarriageisiiittndedtobe  Ihortly  hiidand  fo- 
lemiuftd,bciv.  ceii  toe  above  bounckn  Leon  Que  and  the 
fajd  Mary  fVbite.  JSjowthecondiuon  ot  tiiis  obihj^ation 
16  Inch,  That,  li  after  die  iaid  intended  man'iagc,  the 
fiud  Leon  ^le,  Ihalland  do,  permit  and  lufiet  the  faid 
Mto-y  IVhite^  to  make  her  lail  w  ill  and  teilamer.t  hi 
■WTJUiig,  and  in  and  by  the  iume,  at  her  m  ill  and  plea- 
fure  to  bequeath  or  otherwii'c  dilpoi'e  of  all  fuch  houfe- 
hoid  lurniiure,  wearing  apparel,  or  other  t^oods  or 
chattels  whaifoever,  ^\  hereof  ihe  is  now  polfefled  :  And 
ifthe  faid  Leon  Qne^  his  heirs,  executors  or  admini- 
ilrators  fliail  and  do  (on  requefl  to  him  or  them  made) 
"uell  and  truly  deliver,  or  caufe  to  be  delivered,  unto 
the  legatee  or  legatees,  named  in  the  faid  will,  their  le- 
£jal  reprefentatives  or  afiigns,  all  fuch  goods  and  chat- 
tels as  fliall  be  to  them  refpe61ively  bequeathed  by  the 
faid  will,  according  to  the  dire6lions  thereof.  Then,&:c. 


Of  a  Bond  of  Indemnity  on  paying  Money  to  a  Person 
'ijoho  had  not  taken  out  Letters  tf  Administration  to 
the  deceased  Person^  to  whom  it  belonged. 

Whereas  the  above  name  society  fland  indebted  to 

the  ellate  of  Caleb  Bane,  of. ,   deceafed,  in  the  fum 

of dollars  :  And  whereas  the  faid  Caleb  Bnne^  was 

at  the  time  of  his  death  indebted  to  Eli  as  IFood,  by 

bond,  in  the  fum  of dollars,  principal  money,  with 

a  great  arrear  of  intereft  for  the  fame.  '  And  whereas 
the  faid  Caleb  Bane  made  his  laft  will  and  tcilament 
in  writing,  and  thereof  appointed  the  laid  Elias  JFoody 
fole  executor,  who  in  compaffion  to  the  above  bound 
Betsy  Bane,  the  widow  and  reli6l  of  the  faid  Caleb 
Bane,  (lie  being  left  in  indigent  circumftances  with  fe- 
ven  children,  hath  given  up  to  her  the  faid  bond  for  her 
•own  benefit,  but  declines  proving  the  faid  will.     And 


CONDITION.  293 

uhercas  tlic  principal  money  and  intcicfi.  clue  on  the 
ia;u  bond,  is  more  than  tlie  airctsofllK'  laid  ilnUbBane, 
anijunt  to,  and  the  a'oovc  bound  Adnun  Aih^  and  Bet- 
sy Bane  have  retjuclled   the  laid  suciciy  to  \>'<.y  her  the 

laid  Betsy  Bane^  the  Lid  luni  ol doilars,  ciue  fi  cm 

ihcnito  the  eftate  oiher  laid  late  hulhand,  wiihouto* 
bilging  her  to  take  out  letters  ol"  admiuiilraiion  of  the 
j^o'aIs  and  chattels  ol'her  laid  late  lu:fL;and  witli  his  v.  ill 
annexed,  as  the  lame  ^vill  exhaull  f>;reat  part  oi'lhc  Gid 

lli.n  oj  do.'laib,  and  there   bei-ii;-   no  (jiher  debt  or 

elitt\s  of  her  laid  iati  luifoaJid  tot;et  in,  l!u  f:iid  sccicty 
ha\e  agreed  to  comply  with  fuen  requcll  on  tlie'  i'lid 
Jhhian  Asi>  and  Beisy  Bar.e  iju^emniiyin.g  them 
i"o  lb  d')ing,  .And  \.  htreas  the  faic:  ^£)^/<:'/'j  have  ac- 
cordingly on  the  daj  ol  the  dale  hereof,   paid  the  H;id 

Betsy  Biiric^   tiie  laid  lum  ol" dollars,  the  receipt 

thereof  Ihe  dcjth  hereby  acknov.ledge.  Now  there- 
fore the  condition  of  this  obiigation  isfueh,  That  if  the 
i\ud  Adrian  Ash  and  7ii:7.?jy  Bane^  or  cither  of  them, 
lluir  or  either  of  their  heirs,  executors  or  adminillrators 
do  and  (hall,  fiom  lime  to  time,  and  at  all  times  herc^ 
after,  well  and  fufHcient'.y  fave,  defend,  keep  harn^.lefs 
and  indemnilied  the  laid  ^oc/V/j\',  and  their  fuceeffors, 
and  their  goods  and  chattels,  lands  and  tenemerits,  cf, 
from  andagai)iil  all  !ollls,cons,  eii.^.rges,  damagcf;  and 
expenfcs  w  hich  they  Iball  i^\  nuiy  bear,  poy,  fullain,  or 
be  pn;  unto,  for  or  by  rcafon  or  r.u  ar.s  of  their  having 

paid  the  fiid  Betsy  Bane^  the  laid  fum  ol dollars, 

due  from  tbem  to  the  cflate  of  the  'ic\<\  Caleb  Bane^  as 
aforefaid,  or  any  matter,  caufe  or  thing  rclalir.g  there- 
to.    Then,  &:c. 

For  Payment  of  Money  after  a  Pcrscn^s  Death. 

The  condition  of  the  above  written  ol)ligation  is 
fiich.  That  if  t!ie  above  bound  Abel  4wl,  his  heirs,  ex- 
ecutors, or  adminillrators,  do  aud  llijiU  well  aod  truly 


£94  CONDITION. 

ptiy  or  caufe  to  be  paid,  unto  the  above  nnmed  B'wfi 
A'liig^  his  executors,  iKiminiilrators,  or  ail)gi'''i  ^^^^  ^^ill 

Ibm  oi' dollars  within  the  i'pace   oi'six    calendar 

i^noiiths  next  after  the  deceafe  of  Car  ban  ne  I)oc^ 
mother  of  the  laid  Ah'i  Aivi,  then  this  obligation  to  be 
void,  othernife  to  remain  in  full  force  and  \  iriue. 


To  pay  Rent  for  a  Shop  let  for  a  Year  certain  fond 
JVamnig  io  be giiicnj  and  to  indemnify  ibe  Lavtd^ 
lord  from  a  former  'Tenant^  and  to  dcLrocr  up  the 
7'Jjings  at  toe  end  of  the  Term. 

Whereas  the  above  named  Bion  King,  did  formerly 

let  at  Vvill  unto  Cvnrad  Loiie^  a  iho{)  lituated  in , 

winch  f:ud  Conrad  Lo'Tieham  left  the  faid  ihop,  and  I'le 
abovebonnd^/??05  Irishh^ih  dehredandagieed  to  take 

the  faid  ihop  at  the  3eariy  rent  of dollars,  for  one 

j'car  certain  from  the day  of ,  and  for  fo  long 

time  afterwards  as  both  the  faid  parties  fliall  agree, 
and  until  after  the  end  of  three  months  notice  given  by 
either  of  them,  upon  any  of  the  quarter  days  hereunder 
mentioned,  for  leaving  the  faid  premifes,  v.  hich  the 
faid  parties  do  for  that  purpofe  agree  to  give  to  each 
other  accordingly  ;  and  after  the  end  of  fuch  three 
Kionths  notice  fo  given,  the  faid  Amos  Irish  doth  agree 
to  quit  and  give  up  the  aclual  polfeiHion  thereof,  with 
the  appurtenances,  unto  the  faid  Bion  King  :  Now  the 
condition  of  this  obligation  is  fuch,  That  if  the  Itiid 
Amo.'i  Irish,  his  executors,  adminiHrators  or  afiigns,  do 
and  fnall  truly  pay  or  caufe  to  be  paid,  unto  the  faid 
J^ion  King,  his  executors,  adminiftrators  or  afhgns, 
for  the  fiid  lliop  and  premifes,  the  faid  yearly  rent  of 

dollars,  on  the  four  ufuai  quarter  days  in  the  year, 

viz.  the  firft  days  of  the  months  of  January,  April,  Ju- 
ly and  06\ol)er,  in  every  year,  by  equal  portions ;  the 
Xrft  payment  thereof  to  begin  and  be  made  on  the  firft 


CONDITION.  £95 

Jay  of  July  next,  ^ny  andduricit^  the  fjid  one  year,  and 
loj  i )  ioii^  ijuic  atteruui tU,  Ub  Uic  iiud  Amos  li  iah^  ais 
fXL'Oiitots,  adiumiitiatois,  uiuier-leiusuts  and  ali-.^us, 
liuiil  ei;joy  the  laid  picm'iics,  w  itliout  aiiy  let,  deniui  or 
inici iajAion,  ol'orhy  the  laid  hionKni^^  his cxtcutois, 
ach.iii.iltratorb  or  aiiiij^ns,  and  until  the  cndot  luch  three 
mo..iiis  notice  as  Ihali  be  given  by  either  ot  the  laid 
paities,  uiito  the  oiiicr  ol  tliein,  lor  itaviiitr  ihc  Innie  ; 
and  allbirthc  ^<.i\(\  Amos  Irh/j,  ihall  givellich  liotice  as 
aloiel.iid  lor  !eaViii$?j  the  laid  premileb,  and  ,it"  the  laid 
Amus  Irish,  ixwCi  ah  other  occupiers  ol'the  laid  piemi- 
fcb,  do  and  Hiall,  ai'ler  three  mo^ithb  notice  in  that  be- 
liall'ijjiven  to  the  faid  Amos  Jrish^  his  executors,  admi- 
nilhato.s,  under-tenants  and  alllgiis,  or  at  the  preinilea 
albrefaid,  deliver  up  tiie  a6\ual  pofleiliou  of  the  lame 
preinilch,  with  the  doors,  window-lluiticrs,  and  all  o- 
ther  the  appurtenances  thcteunto  belonging,  in  good 
tenaiuable  repair,  unto  the  laid  £io?i  King^  his  execu- 
tors, admiiiiflrators  or  afiigns,  and  iliail  and  do  at  air 
times  indemnify  the  laid  Jiion  King^  his  executors,  ad- 
miniftralorsand  alligns,  from  all  a6iions,  luits,  charges 
and  damages,  by  or  from  the  f>  id  Conrad  Lo'cc^  for  or 
hy  realbn  of  the  laid  premifes  ;  then,  &:c. 


From  en  At:o^-ncy^  to  account. 

Whereas  li;--  ^S\\  Abtl  Bion,  hy  letter  of  attorneys 
bearing  ccii  (kite  heieuith,  hath  duly  aurhorifed  aud 
emp(>\vered  the  above  bounden  CaUb  Dc^,  to  recover 
and  receive  divers  rlebts  and  liims  of  moni  v,  to  the 
tifc  of  the  fakl  Ahvl  Bion.ix^  by  t!ie  faid  letter  of  iittorney 
more  fully,  andar  hir^.';e  appears.  Now  the  condition 
of  this  f^bligation  is  fuch,  'I'ii^it  if  the  above  bounden 
Caleb  Doe,  Ilia''  and  do  account  \''n-  and  pay  unto  the 
faid  Abel  B'rnti,  liis  executors  o>-  .fli  ;ns,  all  fnch  fi.m  or 
ii.i.m<>  of  money,  as  he  Ihull  from  ume  to  time  receive, 


296  CONDITIO  N. 

bv  virtue  of  the  fald  letter  of  attorney,  (tiie  reafonable 
comr.iliiions  and  cxpenfes  of  the  fakl  Caleb  Doe^  for  je- 
covering  and  receivint^  the  fame,  being  firil  dedutled 
therefrom.)     Then,  ^c. 


Of  a  Bond  of  Indemnity  on  paying  a  lost  Bond. 

Whereas  the  above  named  ^oc/i'O' by  their  bond    or 
obligation  under  their  common  feal  bearing  date  on  or 

about  the day  of became  bound  to  the  above 

bounden  ./(3/&.7  JVbite,  in  the  penal  fum  of dolUirs 

conditioned  for  the  payment  of dollars  unto  tlie 

executors,  adminiilrators,  or  afligns  of  the  faid  John 
fF/jf/*?,  at  the  end  of  three  months  next  after  the  de- 
ceafe  of  the  faid  John  White^  with  fuch  profit  of  the 
fame,  as  upon  the  then  lall  general  audit  for  the  flock 
raifed  bv  and  amonofl  the  members  of  the  faid  sccicrv. 

for  the  making  and  preparing Uiould  appear  to  be 

due  to  him  and  unpaid,  as  in  and  by  the  faid  bond  u  hen 
produced  will  more  fully  appear.  And  whereas  the 
laid  bond  is  alledged  to  be  loll  or  fo  millaid  that  the 
fame  cannot  be  found.  And  whereas  the  fnid  society 
the  day  of  the  date  hereof,  at  the  requell  of  the  faid 
John  JVhite^  and  on  his  promife  of  indemnity,  have 
iriade  him  full  fatisfa6lion  of  and  for  the  fi^id  bond.  Now^ 
the  condition  of  t])is  obligation  is  fuch,  that  if  the  above 
bounden  John  White ^  his  heirs  executors,  or  adminif- 
trators,  or  any  or  either  of  them,  do  and  flTall  in  cafe 
the  faid  bond  or  obligation  fiiali  happen  to  be  found  or 
come  to  his,  their,  or  any  of  their  hands,  cuilody,  or 
power,  or  to  the  hands,  cuftody.  or  povrcr  of  any  other 
perfon  for  them,  deliver  or  caufe  the  fame  to  be  deliv- 
ered unto  the  then  society ^  m  order  to  be  made  void, 
cancelled,  and  dcftroyed  ;  and  alfo  do  and  (I'all  from, 
time  to  time,  and  at  all  tinies  here^ifter,  fave,  Iceep 
liarmlefs,  and  indemnified  the  faid  society,    and  their 


CONDITIO  N.  297 

fucccflbrs,  of  aacl  from  all  a6\ions,  fuits,  troubles, cofts, 
clurt(cs,  daujages,  and  ex,icnfcs  uhatibcvcr,  iliAt  Ihall 
oi  may  at  aiiy  time  htiealtcr  hapj:tii  or  come  to  them, 
for  or  by  re  lion  of  tiie  faid  bond  Or  obligation,  or  any 
the  money  tht.-itby  paid,  or  for  touching  or  concerning 
the  fame  :    1  lien  ihis,  &.C. 


To  return  Goods  ddhcrcd  to  Sell  or  the  Money. 

Whereas,  the  above  named  Peter  Lane  and  Enoa 
Diiy,  on  the  (iay  <u  the  dale  of  the  above  uriiten  ubli- 
ga:!on,  have  ',iehvered  into  the  hands  of  the  above 
bonnden   Rion  R  ,y\  feveral  goo<is,  conlillnij^  of  fiiks, 

velvet,,,  and  orhei  i^oods  of  the  value   of ,  to  be 

by  him  fo-dby  public  fdle  forth\vith,  for  ready  monty, 
Novv  the  coiidition  of  this  obtisvation  is  fuch,  That  if 
the  faid  /f*<r'a/z  Itiy^  his  executors  or  admiriift-.ators, 
do  and  Ihall,  within  one  month  next  erifu"r.ii^thi  date  of 
the  above  written  obligation,  return  un^o  the  faid  Pe- 
ter Lane-AxA  Enos  Day^  or  either  of  them,  their  or 
either  of  their  executors  or  admiidftr  -tots,  all  fuch  of 
the  faid  goods  as  Ihall  then  remain  unfold  (cafualtit^s 
happening  by  fire  only  excepte(i)  and  pay,  or  cnufe  to 
be  paid  unto  the  faid  Peter  L<iue  and  Enos  D  ly^  or 
either  of  dicm,  dieir  or  either  of  their  executors  or  ad- 
miniftrators,  all  fuch  fum  and  fums  of  money,  as  fliall 
arifc  by  fale  of  fuch  of  the  faid  fjjoods  as  Ihnll  have  been 
by  him  or  them  then  fold  :   Then  this  obligation,  &c. 

From  an  Under  Sheriff  to  a  ITi^h  Sheriff. 

The  condition  of  this  obligation  is  fnch.  That  where- 
as the  governor  of  this  commonwealth  by  his  letters 
patent,  beaiing  date  the day  of ,  did  ap- 
point, nominate  and  make  the  above  named /i^^/j6\7«w?* 

[38] 


9.98  CONDITION. 

high  flierlfF  of  the  county  of ,  which   faid   Jbd 

JJaum,  cihcrwcLViis  by  his  indenture,   beaiinL>;  uate  the 

day  of ,    did  depute,  ailign,  coiiilitute  and 

ordain  the  above  bound  Feiix   Boe,  his  under  IherifF 

of  the  fiiid  county  of- ,  as  in  and  by  the  faid  inden- 

ture  more  fully  and  at  large  it  doth  and  may  appear; 
if  therefore,  the  Hiid  F(^lix  Doe,  the  above  bound  Juws 
Fane  and  Henry  Iset,  their  heirs,  executors  and  ad- 
sniniRrators,  and  every  of  them,  do  at  all  and  every 
time  and  times  hereafter,  fave  and  keep  harmlefs  and 
indemnified,  as  well  the  faid  Abel  Baum.,  his  heirs,  ex- 
ecutors, adnnnillrators  and  alTigns,  and  every  of  them, 
as  alfo  the  lands,  tenements,  hereditaments,  goods  and 
chattels  of  the  faid  y/Z'ir/ij?^?/77z,  of,  for,  touching  and 
concerning  the  returns  and  executions  of  all  fach  pro- 
cefs,  writs,  and  warrants,  of  what  nature  foever  they 
be,  as  are,  or  fliall  be  dire6lcd  to  the  (heriffof  the  faid 

count}^  of ,  and  fliall  be  brought  and  delivered,  or 

offered  to  be  delivered,  to  the  faid  Felix  Doe,  during 
the  time  that  the  faid  Abel  Baum,  Ihali  be  ilieriff  of 
the  faid  county  ;  and  of,  and  from  all  iilues,  fines,  and 
amerciaments,  which  fhall  happen  to  be  impoft-d,  or 
taxed  upon  the  faid  Abel  Baum,  for,  and  concernii^g  the 
not  executing,  wrongful  executing,  or  detaining  in  his 
hands,  of  any  writs,  procefs,  or  warrants,  and  of,  for, 
and  concerning  all  cfcapes  of  all,  and  every  perfon  or 
perfonsthat  Ihall  be  arreikd  or  apprehended,  by  virtue 
of  anv  inch  procefs,  writ  or  warrant,  during  the  time 
that  the  faid  Abel  Baum,  fliall  continue   flierilTof  the 

faid  county  of ;  and  alfo  if  the   faid  Felix  Doe, 

Enos  Fane  and  Henry  Let,  their  heirs,  executors  and 
adminiib-ators,  and  every  of  them,  fliall  fave  harmlefs 
and  indemnified  the  faid  Abel  Baum,  and  his  heirs  and 
alTigns,  and  his  and  their  lands,  goods  and  chattels,  of, 
for,  or  concerning  all  fuch  account  and  accounts  as  tlie 
faid  Abel  Baum,  is  or  fliall  be  charged  withal  as  fherifF 
of  the  faid  county  of ,  to  this  commonwealth,  in 


C  O  N  D  I  T  I  O  Nt  299 

any  of  the  courts,  &lc.  and  of  all  fums  of  money  which 
iliall  be  levied  or  received  by  the  faid  Felix  I)iK\  as 
under  iheiiff  of  the  faid  Abel  Ba:im,  or  any  bailiff,  or 
other  perfon,  by  the  dire(^\ion  or  aiVent  of  the  fiid  Fe- 
lix Djl'^  to  the  ufeordiis  commonwealth;  that  then, 
&c. 


Of  a  Bond  of  Indemnity  on  paying  a  lost  Xote, 

Whereas  the  alDove  named   Caleb  Cane,  by  his  pro< 
miiVory  note  ii,::^jied  by  him  for  tiie  faid  Ctcil  Cane,  his 

fiithcr,   and  himfelf,  dated  the day  of  — — ,  did 

promife  to  pay  unto  JFin  IVeb,  or  order, dollars, 

sixty  days  alter  date  for  value  received,  and  fuch  faid 
iiote  was  afterwards  indorfed  by  the  faid  irin  JVcb 
and  others,  and  became  the  property  oS.  John  Jones ^   of 

. ,  as  the  faid  Jolm  Jones  avers  :    And  whereas  the 

Uidjohn  Jones  ailed.  j:es  he  fent  the  faid  note  by  the 

mail,  on  the day  of laft,  to  the  above  bound 

F.van  Edes,  to  be  received  by  him,  for  his  the  laid  John 
JoiK's  ufe  ;  which  mail  beinpj  robbed,  and  the  faid 
notes  not  having  been  offered  for  payment,  it  is  appre- 
hended the  fiid  note  was  Hole  out  of  the  faid  mi; il  or 
othcrwife  lofl.  And  whereas  the  laid  Caleb  Cane  tmd 
Cecil  C-Ane,  have  c^^^  the  day  of  the  (late  hereof,  at  the 
requeftas  well  of  th«  f->id  John  Jones  as  of  the  faid  E- 
^an  Edes,  and  upon  his  the  faid  Elian  Edcs  promifmg 
to  indemnify  and  deliver  up  the  faid  note  to  be  cancel- 
led v.'hen  found,  poi'l  tii"  faid   Evan  Edes   the  fum  of 

dollars,in  full  laM^ifr.clion  and  difciiarc^e  of  the  faid 

note,  the  receipt  whereof  the  faid  Evan  Kdes  doth  here- 
by acknowledge  :  The  condition  therefore  of  thenl:)Ove 
■written  obll'^ation  is  fiich,  That  if  the  f^id  Evan  Edtfs^ 
his  heir:«  executors,  or  adminiftfators,  or  any  of  diem 
do  and  ihall  from  time  to  time,  and  at  al!  times  here, 
after,  fave,  defend,  keep  harmlwls  and  indemnified  the^^ 


500  CONDITION. 

feid  Caleb  Cane  and  Cecil  Cane,  their  executors  and 
aclnmuiluitors,  and  thtir  and  cvciy  oi  ihcir  g^iods,  chat- 
teib,  iu.id^  and  icneiricnib  cf.  f;  om  and  as^ainft  the  laid 

note  of dollars,  and  of  and  from  all  coils,  charges, 

damageb,  and  txpcnfes,  that  Ihall  or  may  haj;pen  to 
anfc  iherci! om,  aiid  alfo  deliver  or  caiife  to  be  deliver- 
ed up  the  faid  note,  u  iien  and  fo  foou  as  the  fame  fl:iall 
be  found  to  be  cancelled.     1  hen,  &.c. 


J^rom  a   Person  impoivered  to  get  in  Debts  for  ano- 

ther. 

Whereas  the  above  named  Abel  Adams  and  Bion 
'Bain  as  executors  of  the  teilament  and  iall  will  of  i^a- 

-jniiel  Hains,  late  of ,   deceafed,  by  their  letter  of 

attorney,  bearing  even   date  hereuitb,  have  conllituted 

and  appointed  Caleb   Cards,  of  ,  their  true  and 

lawful  attorney  for  them,  and  in  their  names,  and  for 
their  fole  ufe  and  benefit,  to  alk,  demand,  collect  and  re- 
ceive of  and  from  all  and  every  perfon  and  peifons,debt- 
ors  to  the  eftate  of  the  faid  Samuel  Fla'rns,  all  fum  and 
funis  of  money  from  them  and  every  of  them  new  due 
and  owing  to  the  eilate  of  the  faid  Samuel  Hains^  as 
in  and  by  the  faid  letter  of  attorney,  relation  being 
thereunto  had,  will  appear.  Now  the  condition  of  the 
above  written  obligation  is  fuch,  that  if  the  above  bound 
Caleb  Cards,  his  executors  and  admininftrators,  do  and 
fliall  from  tinie  to  time,  and  at  all  times  hereafter,  up- 
on req'ieil,  deliver,  or  caufe  to  be  delivered,  unto  the 
faid  Abel  Adams  and  Bion  Bain  their  executors,  ad^ 
miniftrators,  or  afligns,  a  juft  and  true  account,  in  writ- 
ing, of  all  fum  and  fums  of  money  which  he  fliall  re- 
ceive by  virtue  of  the  above  recited  letter  of  attorney, 
with  the  perfons  names  of  whom  received,  and  for 
■what ;  and  alfo  from  tirnc  to  time  pay  and  deliver  over 
unto  tlie  faid  Abel  Adams  and  BiQii  Bain  their  execu- 


CONDITION.  30b 

tors,  adminiflnitors,  oraf.'igns,  or  to  fuch  other  perfon 
or  jH jIjus  as  (iii'..l  be  liii; cto  by  thtni  upi'ointcJ,  all 
fuch  liiin  unci  iuius  oi'  money,  iiij.  upon  fucii  account  or 
other'J  lie  ihali  appear  to  have  been  received  by  him,  or 
be  reniaitiiiig  in  hib  huMcls,  without  i'raud  or  furiiier 
dehi}  .     Then  this  obligation,   &c. 


To  perform  an  Aivard. 

Whereas  diuerenccs  havearifen,  and  are  dcpendint; 
between  the  above  bound  Adam  Ihiicy^  and  the  abovo 
named  C iltb  Doe^  conf^erninj^  \Jjcre  particularly  men^ 
tion  ivbat  the  difference  is  about^']  vvhicli  account  and 
all  differences  and  dtir.ands  concernini^  the  lame,  the 
laid  parties  have  aj^recd  to  refer  to  the  av.ard,  judgment 

and   determination   of  arbitrators,   indiiTerently 

choicn  by  and  between  the  laid  parties  to  a'vrard,  arbi- 
trate and  determine,  concealing  the  iame,  \_and  if  to  be 
an  umpire  say'\  and  if  they  do  not  make  the  award 
vithin  tlic  time  hereunder  limited,  then  to  the  umpi- 
rage of  inch  peribn  as  the  faid  arbitrators  ihaU  indiiTe- 
rently chooie  for  um.pire,  as  hereunder  is  mentioned  ; 
now  therefore  the  condition  of  this  obiigalion  is  hich, 
that  if  the  faid  Adrim  Biucy^  his  executors  and  adn^.ini- 
llrators,  on  his  and  their  part  and  behalf,  lliall  and  do 
in  and  by  all  things,  well  and  truly  uand  to,  obilrve, 
perform,  fidHI,  and  keep  thea\\ard,  arbitration,  juci,^:- 
nient,  final  end,  and  determination,  VA'hich  arbi- 
trators, as  afftrefaid,  Ihiill  make  and  give  in  writing, 
imder  tlieir  hands  and  Teals,   ready  to   be  delivered  to 

the  laid  parties  in  dilTcrence,  on  or  before  the day 

of ,  in  and  concerningthe  before  mentioned  account 

and  matters  in  difference,  and  all  or  any  a(i\Ions,  i'uits, 
debts,  dues,  dan:a!:i^cs,  claims,  and  demands  whatever, 
concerning  the  fame.  And  if  the  laid  arbitrators  fhnll 
not  make  and  give  the  fame  in  writing,  [^asbrforcyMvn^ 
8vc.  [mention  the  tiine  of  delivery  by  the  unipl;\.'] 


205  CONDITION. 

Another  Form. 

The  condition  of  the  above  obligation  is  fiich,  That 
If  the  above  boLiJidirii  Adam  Bihs^  his  iitira,  txecLUurS 
and  af.hninnti-.ators,    for  hi^  and  their  parts  and   1/Cisalf, 
ih'ai  aud  do,  in  a\\  things,  v.?eii  diicl  truly  ftauci  lo,  o  cy, 
abide,  perform,  fuiiii  and  kcejD  the  av.  aid,  ovdcr,  ui    i- 
trenicn-,  final  end  hud  determination  of  Caleb  Dice^  E- 
nos  Fen   and  Gile:;  Ilank^  orasiy  two  of  thcui,  arbitra- 
tors ifidiffertiitly   elected,  named  and  ciicfen,   as  well 
on  the  part   and  behaif  of  the  above   bounden  Adam 
j5/?7.v,  as  of  ttic  above  named  Innis  Smock,  to  arbitrate, 
av.  ard,  order,  judge  and  dcterndne,  of,   for,  upon,  and 
concerning  \_here   maition  the  matter  in  dispute']  and 
alfo  of  and  concernin,a^  all  and  all  manner  of  a^li'Mt  or 
actions,  caufe  and  caufes  of  aclion,  fuits,  bi'is,   bonds, 
fpecialtiejs,  judtrments,   executioi-.s,   extents,  quarrels, 
controverfies,  trefpafies,  damages  and  demands  \a  hatfo- 
€ver,  at  any  time  or  times  heretofore  had,  made,   mov- 
ed, brought,  commenced,  fued,  piofecuted,  done,   fuf- 
lered,  committed  or  depending  by  or  between  the  faid 
parties,  for  or  by  reafon  of  any  other  matter,  caufe,  or 
thing  whatfoever,  from  the  beginnini^  of  the  world,' to 
the  d;iy  of  tlie  da'^e  hereof,  fo  as  the  faid  award  be  made 
in  writincij,  indented   under  the  hands  and  feids  of  the 
faid  arbitrators,  or  any  two  of  tlirm,    and   re;.dy  to  he 
delivered  to  the  fi.-'Td  parfits  in  difference,  or  fuch   of 

them  ?,8  Ihall  require  the  fcrmc,  on  or  before  the 

day  of— next  enfnin,^    the  datr  hereof  [biit  if  the 

Hud  arbitrators,  or  arjv  two  of  them,  do  not  make  fuch 
their  awa'"d,cf  ardcorcerninsr  the  premifeh,hy  the  time 
aforf-Hud  ;  that  then  if  the  faid  Adam  Bins,  his  heirs, 
executors  and  admivi'.flrators,  for  his  and  their  prrtsand 
belia'Ts,  do,  in  all  thinL^<?,  well  and  tni'y  n?nd  to,  ob.  y, 
abide,  nerform,  fulfil .  and  krep  the  award,  f  rdcr,  arbi- 
trement.  nmrM-asce,  iienl  end  and  determinar'on  of  fuch 
perfon  as  faall  be  iiaiciicd  and  chofeii  bv  tiie  feid  arbi- 


CONDITION.  508 

U'ators  asumpu-:'  hetv.cen  the  Liu  panics,  of  one!  con- 
ccriuijg  the  p.A. iiiill's,  lo  as  tl»c  ia:d  unip:re  do  make 
his  award  or  it<:  ;  iiaj^e  oi  and  couceining  the  1.  n:(.  m 
writiiijj,  indented  under  his  hantl  and  i'f-al,    reac'_\  to  ho 

dc'ivcred  totlu-  laid  jaitieb,  on  or  beiore  the day 

<ji" next.]   Then,  &ic. 

Of  a  Band  of  T/idevtriiry  on  sigrwig  a  Lease, 

Whereas  b}'  indenture  of  leafe  bearing"  date  on  or  h^ 

bom  the day  oi" ,  which  was  in  the  yea»  oi  our 

Lord ,  asid  made  or  meiiiioned  to  be  made  bttvveen 

John  Jones,  burgess^  of ,  of  the  o^.c  part ;    ana  tlie 

laid  Edivard  Eu'l  iJejumor.i  Bnrijrts,  a«id  Tlciuijs 
Streat,  of  the  otL'  <  niji  t  :  '1  he  faid  Jo/j7i  Jon  'S^  for  die 
confiderations  nientidned,,  did  foi  hmifelf  and 

his  fiicceirorb,  cicn:  it,  sirant,  and  to  farm  let,  iir.io  die 
iiixd. r^hvard  tai J.  Jytaunwni  IJyidges,  aiui  Th^Jtiaa 
'Streat^  all  that  hhJlii'iTig  nut/,  witjb  the  mcaaoya  <uL 
joinings  called  Ne%v  MtlL  and  other  the  premlfcs  thf  re-* 
in  particuiarly  nn  ntir)ned,  thtn  or  lat^.  in  the  occupa- 
tion of  Joseph  joltfi\  to  hole  unto  the  faid  Edwnid 
Earl  Picaumci}t  Br'id^(^'€s'  and  T'  onias  Strait^  tUeir 
heirs  and 'alfi.'J-ps  foranci  durirts-the  liiV  and  live:;?  of  F.^ 

I'lzribeth  ihc  viiiV  (">[' fr>n  [Vt:ckSsi>i ,csq.  thei^  hite 

Elizabeth  Johct\Jf'',,l'<r  Jolfcr.  c\\ ,  fon  o{  Stephen 

Jolter,  and  the  faid  Bcanvwui  Bridges,  and  the  life 
and  lives  of  the  ionjietl  live*^  of  tUem,  at  and  under  the 
}  early  rent  of dollars,  payable  half  yearly  as  there- 
in is  meritiontd.  :\!id  uIk  rrns  by  indenture  beating 
even  date  with  the  above  writtrii  oblipfation,  and  n"!a.de 
or  mentioned  to  be  made  betneen  the  faid  lulward 
Earl  ;\\m\  Beavrnont  Bi  idges,  of  the  one  part  ;  and  the 
faid  Tbomas  Sircat  of  the  other  pi.rt  :  T  he  fai'i  jF*-A 
ivard  Jiarl  i\m\  Beaumont  Bridges,  for  Xht-  conlidera- 
tions  therein  naeuLioiied,  have  granted,  releafed  ancj 


504  C  O  x\'  D  I  T  I  O  N. 

confirmed  unto  Tf.c  faid  Thomas  Strcat,  llie  iiud//////,v^ 
mi/l  ivith  the  rncadoiVy  una  oihcr  ihc  prtn-ilcb  uciTiikd 
by  the  faid  recited  indentine  of  iesfc,  and  all  their  tilate 
and  intcrcil  therein  ;  to  hold  ihe  fame  iiuto  and  to  the 
ufe  and  behoof  of  the  faid  Thomas  Strcat,  his  htiis 
and  ailigns  from  thenceforth,  for  and  dining  tlie  natural 
li\es  of  them  the  faid  Elizabeth  Weeks  ^  IV  a  tier 
Joitcr.  ^wd  Bcaivmoiit  Bridges^  and  the  lives  and  life 
of  the  longell  livers  and  liver  of  them,  fubje6t  to  the 
payment  of  the  rent,  and  pejformance  ot  the  co- 
venants in  the  fame  indenture  of  leafe  rcferved 
and  contained,  on  the  tenant  or  leilce's  part,  ficm 
thenceforth  to  be  paid,  done  and  performed,  as  in  and 
by  the  faid  recited  indentures,  relation  being  thereto 
levcrally  had  may  appear.  Now  therefore  the  conciition 
of  the  above  written  obligation  is  fuch,  that  if  the  faid 
Thomas  Sir  eat.,  his  heirs,  executors,  adminilbators 
and  afiigns,  do  and  Ihall  frcm  time  to  time  and  at  all 
times  hereafter,  during  the  continuance  of  the  faid  tirni 
and  ellate,  by  the  faid  laft  recited  indenture,  granted, 
and  rclcafcd  to  the  faiti  Thomas  Streat^  as  aforefaid, 
Vv'ell  and  truly  pay  the  rent,  and  perform,  ohferve,  and 
keep  all  and  every  the  covenants  and  agreements  in 
the  faid  hereinbefore  in  part  recited  indenture  of  leafe 
refervcd  and  contained,  on  the  part  and  behalf  of  the 
tenant,  lelTee,  or  affignee  of  the  faid  premifes,  from 
henceforth  to  be  paid,  done, and  performed  according  to 
the  purport,  true  intent  and  meaning  of  the  fame  inden- 
ture, and  Ihall  and  do,  well  and  fufficiently  fave,  de- 
fend, keep  harmlefs,  and  indemnified  the  faid  Edvcard 
Earl^  and  Beaiiviont  Bridges^  and  each  of  tlicm,  their 
and  each  of  their  heirs,  executors,  and  adminiftrators^ 
of  and  from  the  fame  rent,  covenants  and  agreements, 
and  of  and  from  all  lofs,  cofts,  damages,  and  expenfes 
whatfoever,  which  they,  any  or  either  of  them  Pnall  or 
may  bear,  pay,  fuflain,  or  be  put  unto,  for  or  by  reafon 


CONDITION.  505 

»f  the  non-payment  of  the  laid  rent,  or  Hon- perform-. 
i\uce  of  any  of  the  faid  covenants  and  aijiceniciits* 
'I'hen,  Jkc.  ' 


Tbai  a  Person  when  of  Age  shall  convey. 

Whereas  Thomas  Sloa?i,  late  of ,  deceafed,  by 

his  lall  w  ill  and  leltament  in  \\  riting,  bearing  date  on  or 

about  die day  o'i did  amonglt  other  thmgs, 

give,  dcvife,  and  bequeath,  all  diat  melfuagc  or  tene- 
ment, &:c.  then  in  the  oceupation  of  his  bioUier  IVil- 
limnSloan,  to  be  equally  divided  between  his  two  fons 
George  Sloan  and  Robert  Sloan,  their  heirs  and  alligns, 
equally  part  and  Ihare  alike ;  and  whereas  the- above 
named  jfohn  Good  hath  agreed  with  the  faid  Gtofge 
Sloan  and  Robert  Sloan  for  the  abfolute  purchafe  of  the 
faid  nielfua^yje,    or  tenement,  and   preniifes,   deviled  to 

them   as  aforefliid,  at  and  for  the  fu m  of pounds, 

but  the  faid  Robert  Sloan  not  beinjz;  yet  of  a.2;e,  cannot 
join  in  conveying  the  iUme,  to  the  faid  John  Good. — 
And  whereas  the  faid  John  Good  hath  at  the  rc(|upll  of 
he  above  bound  R'lon  Roiu  and  on  his  promife  and 
undertaking,  that  the  faid  Robert  Sloan  fliall,  when 
and  fo  foon  as  he  fliall  have  attaii.ed  the  age  of  twenty- 
one  years,  at  the  cofts  and  charges  of  the  iVid  John 
Good,  convey  andadare  to  the  faid  John  Good,  his  heirs 
and  afligns,  his  undivided  moiety,  or  half  part  of  the 
faid  melfuagc.  or  tenement  and  premifes,  paid  into  the 
hands  of  the  faid  George  Sloan,  the  whole  of  the  faid 
purchafe  money  ;  and  the  faid  George  Sloan,  hath  by 
indenture  of  leale  and  rcleafe,  the  relcafe  bearing  even 
date  herewith,  conveyed  his  undivided  moiety  or  half 
part  thereof  to  the  faid  John  Good,  his  heirs  and  afligns  : 
Now  the  condition  of  this  obligation  is  fuch,  that  if  the 
the  faid  Robert  Sloan,  do  or  fliall,  w  hen  and  fo  foon  as 
ke  fliall  have  attained  tlie  faid  age  of  twenty  one  years, 

£39] 


506  CONDITIO  N^ 

at  the  cofls  and  charges  of  the  faid  John  Good,  coiivejf^ 
and  all'ait;  Linto  ti-n:  i'lud  John  Good,  his  htirs  and  .;!- 
ligns,  by  Tuch  dteds  and  conveyance  as  the  coiini'e  of 
the  faid'  John  Good,  ihall  approve  of,  hib  undivided 
moiety  or  ha'f  part  of  and  in  the  faid  meiruage,  or  tene- 
ment and  prcmifcs,  devifed  to  him,  and  the  faid  George 
Sloan  as  aforefaid,  and  that  without  any  confideratioii, 
to  be  paid  him  by  the  faid  Jo/jh  Good  for  fo  doing  ;  and 
ah'^o,  if  and  in  cafe  the  laid  2lio?i  Row,  his  heirs,  execu- 
tory, or  adminiftrators,  do  and  fhall  in  the  mean  time, 
and  until  the  faid  Robert  Sloan,  ihall  have  executed 
fuch  conveyances  as  aforefaid,  fave, defend,  keep  harm- 
lefs  and  indemnified  the  faid  John  Good.,  his  heirs,  exe- 
cutors and  adminiftrators,  and  his  and  their  goods  and 
chattels,  lands  and  tenements,  and  the  faid  melTuages, 
or  tenements,  and  premifes,  fo  to  be  conveyed  by  the 
faid  Robert  Sloan,  to  the  faid  John  Good  as  aforefaid, 
and  the  rents,  ilfues  and  profits  thereof,  of  and  from  all 
claims  and  demands  to  be  made  th<:reto,  by,  or  on  the 
part  and  behalf  of  the  faid  Robert  Sloan  ;  then,  8^c. 

To  indemnify  Surety  in  a  Bond. 

The  condition  of  this  obligation  is  fuch,  That  where- 
as the  above  named  John  Hay,  at  the  fpecial  inftance 
and  requell  of  the  above  bounden  Titus  JFcchs,  and  for 
his  only  debt,  duty,  matter  and  caufe,  together  Vvith 
him,  the  faid  Titus   Weeks,  are  held  and  firmly  bound 

unto  a  certain  John  Shaiv,  of ,  in  and  by  one  o- 

bligation,  bearing  even  date  herewith,  in  the  penal  fum 
ci  sixty   dollars,  conditioned  for  the  true  payment  of 

thirty  dollars,  like  money,  on  or  before  the  day 

of ,  next  enfuing  the  date  of  the  faid  obligation, 

together  with  lawful  intereft  for  the  fame,  as  by  the 
fame  obligation  and  condition  thereof,  (relation  being 
thereunto  had)  may  more  fully  appear.  If  therefore  the 
faid  Titus  fVseks,  his  heirs,  executors,  ci:  adminiilra- 


CONDITION.  307 

tors,  fliall  and  do,  on  or  Ixfore  tlic  fald day  of , 

well  and  truly  pay,  or  ciiiR'  to  be  paid,  unto  the  above 
named  John  Sba\\)^  his  certain  attorney,  executors,  ad- 
miniflrators  or  aftigas,  the*  aforclaid  debt  or  I'um  of 
thirty  dodurs,  with  its  intereft,  in  difchariije  of  the  laid 
recited  obli.^ation  :  And  alfo  ihail  and  do  from  tivreto 
lime,  and  at  all  times  hereafter,  well  and  fnfiicientiy- 
fave,  defend,  keep  harmlefs,  and  indemnify  the  faid 
John  Hay,  his  heirs,  executors  ar»d  admniiftrators,  and 
his  and  their  goods  and  chattels,  lands  and  tenements, 
of  and  from  the  laid  obligation,  and  of  and  from  all 
n6lio.is,  fuits,  pa\  ments,  colls,  charges  and  damages, 
for  or  by  reuloa  thereof ;  then,  8cc. 


To  dclher  tip  a  Mill  ivifh  the  Utensils,  ^c,  at  the 
termination  of  a  Lease,  in  as  good  Repair  and  Con- 
dition as  the  same  were  ivhtn  let. 

Whereas  the  above  named   Caleb  Dust,  by  his   in- 
dentures of  i{-ale  under  his  hand  and  feal,  bearintj:  date 

the day  of ,  hath  letten  unto  the  above  bound 

Afuos  /^/)/>,  amongft  other  things,  a  certain  Grist  mill^ 

with  its  appurtenances,  iiuiated  in ,  now  in   the 

occupation  of  the  faid  Caleb  Dust,  and  all  the  materi- 
als,  utenfds  and  tilings,  now  in,  about  and  belouijing 

thereto,  for  the  term  of years,  from then 

and  now  next  enluing,  at  the  yearly  rent  therein  men- 
tioned :  Now  the  condition  of  this  obligation  is  fnch. 
That  if  th"  faid  Amos  ylpp.  his  executors,  adminiQra- 
tors  or  afiigns,  at  his,  tlieiror  f(^me  of  their  own  pro. 
per  coflsand  charges,  do  and  ihall,  before  the  expira- 
tion of  the  faid  term  of years,  by  the  faid  recited 

]c\.\{'<i'  granted,  or  other  fooner  determination  thereof, 
which  Hiall  Srft  happen,  make  or  caufe  the  faid  mill, 
and  all  things  belonging  thereunto  to  be  mnde  and  put 
into  the  fame  form,  order  and  manner  as  they  now  arc, 


36s  CONDITION. 

and  fitting  to  be  ufcd  lor  a  Grist  mill,  as  the  fame  now 
is,  an.  iluul  ana  ao  dc:iver  upthe  lame,  in  Inch  order 
and  manner  as  aforei'aid,  at  the  expiration  ot  the  laid 
term,  uith  al!  the  materials,  utenhls,  and  things  which 
are  now  in,  about  and  belongi-.jg  thereto,  unto  the  faid 
Calel?  Dust^  his  exeeutors,  adminiilrators  or  aiVigns,  in 
as  good  repair  and  condition  as  they  now  are  and  be, 
reaVonabie  uie  and  wearing  thereof  m  the  mean  time 
only  excepted  ;  then,  &c. 


Of  a  Bond  of  Indemnity  on  suffering  an  Executor  t9 
retain  Money  in  hts  Hands  directed  by  the  11111  te 
be  put  out  to  Interest. 

Whereas  Adam  Asp,    late  of ,  late  hufband  of 

the  above  named  Betsy  Asp,  by  his  laft  will  ai-d  teila- 

snent  in  writing,  bearnig  date  on  or  about  the day 

of ,  did,  amongft  divers  other  pecuniary  legacies, 

give  unto  the  l\iid  Bttsy  Asp,  and  to  the  above  bound 
John  Fee,  (by  the  dcfcription,  &c.)  and  to  the  furvivor 
of  them,  and'to  the  executors  and  adminiiirators  of  fuch 

furvivor,  the  fum  of   dollars,  upon  truft,  to  place 

the  fome  out  in  bank  ftock,  and  to  pay  and  apply  the  in- 
tereft  and  proceeds  thereof,  for  and  towards  the  main- 
tenance and  education  of  all  and  every  the  children  of 
his  niece  Sarah  Fee  by  her  faid  hufband  John  Fee,  in 
fuch  fluires  and  proportions  as  his  liiid  niece  fhould  di- 
rect, until  her  faid  children  (houldattain  their  refpe£live 
ages  of  twenty-one  years  ;  and  then  in  truft  to  pay  to  the 
faidchildren,'and  to  the  furvivor  or  furvivprs  of  them^ 

the  faid  fum  of dollars,  or  the  produce  thereof,  at 

their  refpe6live  ages  of  tv.-enty-one  years,  equally  be- 
.  tween  them,  fliare  and  iTiare  alike  ;  and  of  his  faid  will, 
did  conflitute  and  appoint  his  faid  w-ife  Betsy,  and  Ws 
jiephew-in-law  John  Fee,  executrix  and  executor,  as 
by  the  faid  will  duly  proved  in  the  regifler's  office  of  the 
county  of ,  relation  being  thereuiitQ  had,  will  ap- 


CONDITION.  509 

pear :  And  ^vhercas  tlie  {"akI  Sarah  Fee  had,  at  the  time 
the  tcftator  made  his  laid  will,  and  Ihll  hadi  live  chil- 
dren Lving  1)}^  her  faid  hiifband  John  Fee ;  that  is  to 
fay,  JbeL  Betsy,  Caleb,  D.'.niel,  and  Esther,  ail  ftiU 
under  age  ;  and  whereas  the  faid  John  Fee  and  Samuel 
Lee,  have  re([nefted  the  laid  Betsy  A\-p,  to  permit  the 
faid  John  Fee,  to  retain  in  his  hands,  out  of  the  laid  tef- 

tator's  cllate,  the  faid  legacy  of dollars,  fo  t^iven  to 

them  the  laid  Betsy  Asp  and  John  Fee,  in  truU  ibr  the 
children  of  th"  faid  Sarah  Fee  by  the  faid  John  Fee,  as 
albrefaid  until  they  Ihall  feverally  become  intitled  to 
receive  their  proportions  of  the  fame,  Avhich  the  faid 
Betsy  Jsp  iiath  agreed  to,  oil  the  faid  John  Fee  and 
Savmcl  Lee  indemnif^'ing  her  therein,  as  hereina!ter  is 
m;  "itioned  :  Now  the  condition  of  this  obligation  is 
fuch,  that  If  ihe  above  bound  John  Fee,  his  heirs,  exe- 
cutors or  dchninillrators,  do  and  fhall  well  and  truly 
pay,  (ir  caufe  to  be  paid,  unto  the  faid  Abel,  Betsy ^  Ca- 
leb, JJaniel ixn(]  Esther,  children  oftlie  faid  Sa>ab  Fee 
by  the  hAJnhn  Fee,  or  to  the  furvivors  or  furvlvor  of 

them,  the  faid  le«;acy  or  fum  of dollars,  fo  given 

to  the  faid  Betsy  ./L7;  and  John  Fee  by  the  faid  recited 
will,  in  truft  for  them  as  aforcfiid,  when  and  as  they 
fhall  refpe6lively  attain  the  age  of  tv.enty-one  years,  in 
the  proportions,  and  according  to  the  dirc61ions  of  the 
laid  recited  will,  and  do  and  llvill  from  time  to  time  aiid 
at  all  times  hereafter,  well  and  fufficiently  five  harmlefs, 
and  keep  indemnified,  the  fiid  Betsy  Asp,  her  heirs, 
executors  and  adminillrators,  and  her  and  their  goods 
and  chattels,  lands  and  tenements,  of,  from  and  againft 
all  loffes,  cods,  charges,  damages  and  expenfes  which 
Piie  or  they  fliall  or  m;\y  bear,  pay,  fultain,  or  be  put  un- 
to; for  or  by  reafon  or  means  of  the  faid  legacy  or  funi 

of- dollars,  not  being  placed  out  upon  bank  ilock, 

according  to  the  direc\Ions  contained  in  the  faid  recited 
will,  or  for  or  by  reafon  or  means  of  any  other  matter, 
caufe,  or  thing  whatfocver  relating  to  the  faid  legacy  ; 
*^\en,  &,c. 


316  CONDITION. 

Tor  JincUng   an  Apprentice   in    Clothes  ^  h^c.  and  for 
his  i'ldelity. 

Whereas  John  Meigs ^  Ion  of  the  above  hour  J.   Sa- 
inuei Meij^s,  i^y  his  indenture  of  apprenticelhip,  bear- 
ing rven  date  with  the  above  written  obligation,   hatl\ 
put  h)niftii\.pprentice  to  the  above  named  Jo/juFulcan^ 
for  the  term  of  feven  years,  from  the  date  hereof,  as  by 
the  faid  indenture  (relation  beinj;  thereunto  had)  may 
appear  :    And  whereas  the  fwd  Jo/.in  Vulcan^  accepted 
oi'thc  faid  John  Met^s  as  liib  apprentice,  on  his  the  iiiid 
S  miiel M(:igs^^;rt:Q.'yi\%  to  liiKl  a)jd  provide  for  the  laid 
John  McigSy  his  fon,  all  and  all  maniier  of  vvearirij^  ap- 
parel,  and   wufiiing:,    during   his    faid   apprenticelhip, 
and  in  cafe  of  iicknefs,  proper  diet,  lodg-ing,  phylie,  at- 
tendance and  advice  :   Now  the  condition  of  th'^b  obli- 
gation is  fuch,  That  if  the  above  bound  Samuel  Me i^s^ 
his  executors  or  adminilhators,  or  any  of  tlieni,  do  and 
lliall  from  time  to  time,  and  at  all  times  hereafter,  dur- 
ing the  apprenticelhip  of  the  faid  John  Aleigs^  at  his 
and  their  own  proper  cofts  and  charges,   lind  and  pro- 
vide, or  caufe  to  be  found  and  provided,  for  him  the 
Hiid  John  Meigs,  all  and  all  manner  of  wearing  apparel 
vrhatfoever,  and  wafliiny;  fit  and  convenient  for  the  faid 
John  A feigs,  and  mc'di^G  theiixid  John  Meigs ^  fnall  at 
any  time  or  times  during  his  faidapprenticelT)ip,  be  ren- 
dered incapable  by  ficknefs  or  other\^'ife,  of  performing 
his  duty  as  an  apprentice^  do  and  fhall,  as  often  and  ^o 
long  as  the  fame  fliall  happen  and  continue,  at  his  and 
their  own  proper  cofts  and  charges,  find  and  provide 
for  the  faid  John  Meigs,  fit  and  convenient  diet,  lodg- 
ing, phyfic,  attendance  and  advice,  and  thereof  and 
therefrom,  and  from  the  covenants  in  the  faid  John 
Meig^s  indenture  of  apprenticefliip  contained,  relating 
thereto,  do  and  HiaH  fave,-  keepharmkfs  and  indrmni- 
iied,  the  Ma  John  Vulcan,  his  executors  and  adminifira- 
tors,  and  every  of  them  ; -and  alfo  if  the  faid  John 
Meigs ^  at  any  time  during  liis  faid  apprenticelhip,  fiiall 


CONDITION.  5U 

llctain,  confvimc  and  embezzle,  make  away,  or  lend, 
wiiliout  his  laid  mailer's  order  or  privity,  any  money, 
goods,  u:ires,  nKiclKindifes,  oroiher  things  appci tam- 
ing to  the  laid  John  Vidcaiu  his  executors,  or  admini, 
ftrators,  and  the  laic!  Samuel  Mc'igs  do  andTtiali  ai\vays 
vitliin  ten  days  next  alter  notice  given  to  him  or  them 
in  tlvat  behalf,  make  fulucient  recomjx-nfe,  payment 
and  lii'isltictiwn  to  tlie  laid /a/;;/  Vulcan^  his  e?;ecutors 
«f  adminiliiators,  ol'and  Ibr  the  fame  ;  then,  8^c. 


To  indemnify  Bail  in  Bail-Bond. 

The  condition  of  this  oblipration  isfuch,That  where^ 
as  the  above  named  Amos  Buck,  at  the  f^ecial  inllauce 
and  rcquell  of  the  above  bounden  Caleb  Doc^  in  and 

by  one   obliijation,   bearing  date  the  -^ —  day  of , 

became  bound  unto  Peter  Fox^  efquire,  high  flier  iff 
of  the  county  of ,  in  the  fum  of dollars,  condi- 
tioned for  the  uppearance  of  th.e  faid  Caleb  Doe^  before 
the  judges  of  the  court  of  common  pleas,  to  be  held 

at ,  the  day  uf nc  xt,  as  by  the  faid  recited  o- 

bligationand  condilinn  thereof  (relation  bcingthereun- 
to  ha(i)  appears.  If  tliercfore  the  faid  Caleb  Doe.  fliall 
appear  according  to  the  condition  of  the  faid  rjuligati- 
on,  and  as  the  law  requires  :  And  alfo  fiiall  and  do» 
from  time  to  time,  and  at  ail  times  hereafter,  well  and 
fufiicicnlly  lave,  defnd.  keep  harm'efs,  and  indemnify 
the  faid  Jivws  Buck,  his  heirs,  executors  and  admii^if- 
trarors,  and  hi«  and  their  (roods  and  chattels,  lands  ^md 
tenements,  of  and  faim  ^1^  ^'<mi  oblisrntion,  and  (>f  ^I'd 
from  uU  actions,  fuits.  •  s  coOs.  rhnr-^cs and  da- 

mages, for  or  by  rcafou  ihereof.     Then,  ^c. 


312  CONDITION. 

For  the  Obligor  fo  re-pay  Money  giDen   him  for  his 
Clerksbip^  ij  the  Obligee  be  not  admitted  into  it. 

Wherear,  the  above  bound  yi^j??2  dpp /is  vi   clerk    of 

the  court  oi" ,  and  whereas    the   laid  Adam   Appy 

doth  intend  to  iurrender  his  laid  oifice  :  and  whereas 
the  above  named  Bion  Bell^  hath  paid  to  the  laid 
_^Ad'am  Jpp^  ihtiwm  o\ — —dollars,  which  is  to  re- 
main to  his  own  proper  life,  when  and  as  loon  as  the 
ftid  Bion  Bell,  is  appointed  to  the  laid  office   of  clerk 

of in  the   room   of  the  laid  Adam  App  :   Novv' 

therefore  the  condition  of  this  obligation  is  fuch,  that 
if  the  faid  Bion  Bell,  fnall  or  may  be  (by  the  means  or 
procurement  of  the  {^ndAdam  App,)  appointed  to  the 

faid  office  of  clerk  of ,  in  the  room  of  the  faid  Adam 

App,  on  or  before  the day  of ,  next  enfnin^ 

the  date  above  written,  according  to  the  ufual  cuftom 
in  that  cafe,  he  the  faid  Bion  Bell^  P^yi'ig  ^^"'e  charge 
of  his  appointment  to  the  laid  office  *,  of  in  default,  or 
for  want  of  the  faid  Adam  App'^s  procuring  the  laid  Bi- 
on Bell,  fo  to  be  annointed  to  the  faid  office  within  the 
time  aforefaid,  if  the  faid  Adam  App,  his  heirs,  execu- 
tors,    or    adminiilrators      fiiall    pay  back    the     faid 

dollars  unto  the  faid  Bion   Bell,  his  executors, 

adminiilrators  or  affigns,  in  either  of  the  faid  cafes,  this 
obligation  to  be  void  and  of  none  effe^i  ;  or  elfe  to  re- 
main in  full  force  and  virtue. 


For  refunding  a  Legacy  in  ease  ofDefciency  of  Assets, 

Whereas  Samuel Saurin,  late  of ,  deceafed,fon 

of  the  above  named  Samuel  Saurin,  by  his  laft  will  and 

teilament  in  writing,  bearing  date  on  or  about  the 

day  of ,  did  amongfl  other  things,  give  and  be- 
queath unto  the  a])0ve  bound  Rian  Saurin,  by  the  name 
and  defcription  of  his  dear  brother  Rian  Saurin,  the 
fum  of  -- —  dollars,  and  declared  his  will  to  be,  that 


CONDITION,  3LS 

none  of  his  Icj^acics  Oiould  charge  or  aflfecl  his  real 
t'ilate,  but  iijouid  be  jxiid  oul  oi"  liis  i^erfoiiul  tihuc  on- 
ly ;  and  ol  lus  laid  will  did  nominaif,  coulUtiitc  and 
appoint  the  laid  St  vine  I  Sauriii,  his  (ather,  luil  and  toic 
executor,  as  in  and  by  the  fait!  will  duly  proved  \\\  the 
faid  executor,  in   the  regiller'y    ottice  of  the  county  of" 

,  relation  benig  thereunto  had,  may  appear  :    And 

whereas  the  faid  S.nnucl  Saurin,  the  teltator,  by  his 
faid   will  bequeathed  fever al  other  pecuniary  legacies, 

amounting,  together  with  the  faid dollars, "^  given 

to  his  brother  Rilui  Saiirin  as  aforefaid,  to  the  full  fura 

of dollars  :  And  uhereasthe  faid  Samuel  Saurin^ 

the  father,  alledges,  that  the  perfonal  ellate  of  his  late 
fon,  will  not,    as  he  verily  believes,  after   payment  of 
his  debts,  funeral  expenfes,  and  the   neceffary  charges 
incident  to  the  faid  executorfliip,  be  near  fufficient  to 
pay  the  whole  of  the  faid  pecuniary  legacies,  and  he  is- 
doubtful  whether  all  the  debts  owing  by  his  faid  late 
fon,  at  his  death,  are  yet  come  to  his  knowledge,  not- 
withftanding  which  he  is  deiirous  and  willing  to  pay  fo 
much  of  the  faid  legacies,  as  the  perfonal  ellate  of  his 
iliid  late  fon  come  to  his  hands  will  extend  to   fatisfy 
and  pay,   being   indemnified  and  lined  harmlefs  in   fo 
doing  :    And  whereas  the  faid  Samuel  Saurin,  the  fa* 
ther,  hath  in  his  hands  of  the  perfonal  eftate  of  his  faid 
late  fon  fuflicient  to  pay  all  the  debts  of  the  faid  teltator, 
■which  have  hitherto  come  to  his  know  ledge,  his  fune- 
ral expenfes,  and  the  nccefHiry  charges  of  liis  faid  exe- 
cutorfliip,  to  the  date  hereof,  and  a  fifth  part  of  the  pe- 
cuniary legacies  bequeathed  by  the  faid  recited  will, 
and  had),  the  day  of  the  date  hereof,   at  the  requefl  of 
the  laid  Rian  Sauriri,  and  on  his  promife  of  indemnity, 
paid  unto  him  the  faid  i?i^«  5rtf/r/«  the  fum  of— ^ 

dollars,  being  the  fifth  part  ofthefum  of dollars, 

given  him  by  the  laid,  in  part,  recited  will  as  aforefaid  : 
Now  the  condition  of  the  above  written  obligation  is 
fuch,  that  if  the  perfonal  eftate  of  the  iliid  Saviucl  Saus 


S14  '        CONDITION". 

rin,  deccafed,  fliall  not  prove  fufiicient  to  pay  tlie  jafi 
debts  and  lunerai  expenics  of  the  faid  ttllator,  and  the 
jieceliary  charges  of  the  faid  executorlhip,  and  a  fifth 
part  of  ail  the  pecuniary  legacies  given  by  the  faid  will  ; 
thtn  i^  ihc  i^aid  Ricji  Smirin^  his  heirs,  executors  or 
adminilbators,  do  and  fliall  within  fourteen  days  next 
after  notice  thereof  to  him  or  them  given  in  ihat  behalf, 
repay  to    him  the   faid  Samuel  Saurhu  his  father,  his 

c^xccutors,  adminiftrators  or  afiigns,  the  faid  fum  of 

dollars  fo  paid  to  him  as  aforefaid,  or  fo  much  thereof 
as  (liall  appear  to  be  more  than  was  coming  due  to  him 
out  of  the  perfonal  eftate   of  the  faid  Samuel  Saiwin, 

deceafed,  in  refpeft  of  the  liiid  legacy  of- dollars, 

given  to  him  by  the  faid  recited  will  as  aforefaid,  in  pro- 
portion to  the  other  pecuniary  legacies,  under  the  faid 
■will ;  and  alfo  do  and  fhall  from  time  to  time,  and  at  all 
times  hereafter,  fave,  defend,  keep  harmlefs  and  indem- 
siiiied  the  faid  Samuel  Saur'm^  his  father,  his  executors 
and  adminiftrators,  and  the  ellate  of  the  faid  Sa?7iuel 
Saurin^  deceafed,  of  and  from  ali  coils,  charges,  dama- 
ges and  expenfes  that  fliall  or  may  happen,  or  come  to 
3iim  or  them,  or  the  eilate  of  the  faid  Samuel  Saurin^ 
deceafed,  for  or  by  reafon  or  means  of  his  having  paid 

the  faid  Rian  Saurin  the  faid  fum   of dollars,  \n 

part  of  the  faid  legacy  as  aforefaid,  or  any  matter,  caufe 
or  thing  relating  thereto  ;  then.  Sec. 


^0  discharge  an  Apprentice  before  the  expiration  of 
his  Apprenticeship. 

Whereas  Peter  Sharp,  fon  of  the  above  named  John 
Sharps  by  his  indenture  of  apprenticefliip,  bearing  even 
date  here^^  ith,  hath  put  himfelf  apprentice  to  the  above 
bound  John  Jones,  to  ferve  him  as  an  apprentice  from 

the  date  thereof,  for  and  during  the  term  of years, 

^s  in  and  by  the  faid  indenture,  relation  being  thereu»* 


CONDITIOX.  31$ 

to  had,  M  ill  appear.  And  whereas  previous  to  the  cx- 
ijcutiou  olthe  laid  rcciicd  indenture  of"  apprenticelliip, 
h  was  agreed  between  the  faid  John  Jones  and  'John 
Sharps  tnat  the  laid  Peter  Sharp  Ihould  be  difcharged 
iVoni  his   laid  apprentieelliip  at  the   expiration   of  the 

iiril years  of  the  laid  term  of years.     Now 

the  eondition  of  the  above  written  obhgation  is  fuch, 
that  if  liie  laid  John  "Jones^  his  executors  or  adniini- 

ihatojb  do  and  Ihall  at  the  expiration  of  the  firll 

years  ol  the  faid  appreiuicelhip  term  of- years,  re- 

leufe  and  dil'chargc  the  faid  Pcier  Sharps  of  and  from, 
his  faid  ferviee  and  apprenticelhip,  and  deliver  him  up 
the  laid  nidcnture  ofapprenticelhip  to  be  cancelled, and 
do  and  Ih.ill  p^-M-niit  and  fuiier  the  faid  Peter  Sharps 
peaceably  and  quietly  to  have  and  enjoy  the  remainder 

of  his  faid  appreniicefnip  term  of  years  for  his 

own  bcnelit  and  advantage  ;    then,  &c. 

To  Indemnify  Special  Bail. 

The  condition  of  this  oblip:ation  is  fuch.  That  wliere- 
as  the  above  named  Adam  Pcck^  at  the  fpecial  inftance 
and  re(]ueft  of  the  above  bounden  Caleb  Doe^  became 
fl)ccial  bail  for  the  faid  Caleb  Doc^  in  a  certain  a(5>ioa 
of  debt,  [^ircspass,  ^c.  as  the  case  may  bel^  at  the  fuit 
of  Enoch  7'(.7/,  in  the  court  of  common  pleas  of  the 
cour.ty  aforefaid,  as  by  the  recognizance  of  bail  on  re- 
cord in  the  laid  court,  may  mo-e  at  large  appear.  If 
therefore  the  laid  ^'tileb  Doe,  Ihall  appear  according  to 
tlic  condition  of  the  faid  obligation,  and  as  the  law  re- 
(]uires  ;  and  alfo  Ihall  and  do,  from  time  to  time,  and 
at  all  times  hereafter,  well  and  fnfficiently  fave,  defend, 
keep  harmlefs  and  indemnify  the  faid  Jdam  Beck:  1iis 
heirs,  executors  and  adminillrators,  and  his  and  their 
goods  and  chattels,  lands  and  tenements,  of  and  from 
the  faid  obligation,  imd  of  and  from  all  anions,  fiiits, 
pavments,  coils,  charges  and  damages,  for  or  by  reafoii 
hereof ;  then,  S^c. 


31a  CONDITION. 

To  deliver  up  a  Ship  a?id  to  pay  part  of  the  Projits  of 
the  Master's  Privilege  and  Caidoggen  at  the  end  of 
a  voyage. 

"Whereas  the  above    named  Abncr  App^   maficr  and 

part  owner  ol  the  Ihip  Nancy  ^  bujihen  cibout tons, 

and  the  reft  of  ihe  part  owners  oi  the  i'aid  Ihip,  have 
coiiftniedtlui!  the  iibo\c\y:,u\-AAbner,.ipp^\\\d.\\  gomailer 

of  the  faid  lliip  for  the  prcfent  nitended  voyage   to 

and  back  to .  Now  the  condition  oi  this  obliga- 
tion is  fuch,  that  if  the  faid  Bion  Bell^  at  the  return  and 

arrival  of  the  laid  (hip  at ,  from  her  faid  mtended 

voyage,  or  at  any  other  time  when  required  by  the  faid 
Abner  App,  ihall  and  do  peaceably  and  quietly  deliver 
lip  the  faid  fliip,  and  the  a6lual  poflefuon  thereoi^  ujito 
the  faid  Abner  App,  or  unto  BaDid  Doe,  one  other  of 
the  part  owners  of  the  faid  fliip,  together  with  all  and 
fnigular  the  furniture,  tackle,  apparel,  and  other  ap* 
purtenances  and  things  whatfoever  to  the  faid  (hip  or 
veiTel  belonging,  and  which  fliall  belong,  at  what  time 
the  fame  fliali  be  required  by  the  faid  part  owners,  or 
the  major  part  of  them,  (reafonable  wear  and  tear  there- 
of excepted)  freed  of  all  charges  and  incumbrances 
vdiatfoever  to  be  done,  committed  or  fuffered  by  the 
faid  Abner  App,  in  any  manner  of  wife  :  And  alfo  if  the 
faid  Biofj  Bill,  fliall  and  do  give  a  juil  and  true  account 
of  all  fums  of  money  and  profits  which  fhall  become 
due,  arifc,  be  made  or  received  for  or  on  account  of  the 
faid  mafter's  privilege  of  and  in  th^  faid  ihip,  and  for 
caploggcn  during  the  faid  voyage,  by  virtue  of  the 
charter  party  for  the  faid  fliip  and  voyage,  or  otherwifc  : 
And  alfo  pay  unto  the  faid  Abner  App,  for  his  own  pro- 
per ufe,  one  full  ~ part  of  what   fliall  become  due 

and  be  received  for  his  faid  privilege  and  caploggen, 
the  faid  Abner  App^  p^'ying  thereout  part  of  the  faid 
fliip's  damage  and  other  charges,  in  refpecl  of  the  faiel 
t^rivilege  ;  then,  &r, 


CONDITION^  31? 

From  a  surihing  Partner,  to  a  Man  and  Lis  Wife, 
the  Executrix  of  a  deceased  Partner,  for  Payment 
of  xhat  the  deceased  s  Share  of  the  Ej/ects  aniuunt-> 
cd  to,  pursuant  to  a  Conyeiiant  in  the  Co-partnership 
Deed. 

'I'be  condition  of  this  obligation  is  fuch,  that  if  ihq 
above  boiinclcn  jhnos  Jpp,  his  hcir.-j,  executors  or  ad- 
niiiiillrators,  do  and  lliall  uell  and  truly  pay  or  caufe 
to  be  paid  unto  the  above  named  Bets'^  Black,  as  exc^ 
cutrix  ofthe  hill:  will  and  tcllament  of  7'VtY/^/7V*^  Finch^ 
her  late  brother  deceafed,  her   executors,   adminiilra- 

tors,   or  afiigns,    the    full  fum  of dollars  on  the 

day  of next  enfuinp;  the  date   of  the  above 

written  obliteration,  v.ith  interell  for  the  fame,  after  the 
rate  o\\f('ur  dollars  for  every  hundred  dollars,  by  the 
year,  from  the day  of next,  then,  8^c. 


To  Indemnify  a  Person  on  discharging  his  apprentice,, 

W  her  I::  i\s  J  m  OS  No\v,  fun  of  the  above  houn(]  ^  oh  ?i 
How,  by  ills  indenture  of  apprenticefnip  bcarins^  date 

on  or  about   the day  of ,  did  put  liimfelf 

apprentice  unto  the  above  named   Enoch  Poc,  to  ferve 

him  as  an  apprentice  for  the  fpace  of years,    from 

the  date  of  the  faid  indenture,  as  in  and  b^y  the  fa  id  in- 
denture of  apprenticefhip,  relation  beinp^  thereunto 
had,  may  appear.  And  whereas  the  faid  Enoch  Poe^ 
as  well  at  the  dehre  of  the  laid  ylmos  How,  as  with  the 
confcnt  and  approtjation  of  the  faid  John  How,  and  on 
his  promife  of  indemnirv,  hadi  difchari^^d  his  appren- 
tice of  and  from  his  fervicc,  and  hath  repaid  unto   the 

^\.\k\  John  How,  x\\Q  fum  of dollars,  part  of  the 

fum  of dollars,  by   him  had  and  received   with 

his  faid  apprentice;  th.e  receipt  of  which  faid  fum 
of dollars,  he  the  faid  John  How,  doth  hereby  ac- 
knowledge.    Now  the  condition  cf  this  oblii^atiou  is 


513  '         CONDITION. 

fuel),  that  if  the  above  bwuiiden  John  How^  his  heirs, 
executors.,  and  adinmillrators,  or  any  ol  them,  do  and 
iha.l,  from  time  to  nine,  and  at  uii  times  iiereatter,  lave 
deicnd,  keep  iiarmieib  an.,  indemnified  tne  faid  Enoch 
J^o<^y  his  execuiors  and  adnuiuiliatorh,  and  ins  and 
their  goods  antl  chattels,  lands  and  tenements  ot  and 
from  all  and  every  the  covenants  in  the  laid  in  part  re- 
cited indenture  ofapprentieernip  contained,  and  which 
.on  the  part  of  the  laid  Enoch  Foe^  his  executors  or 
adminiilrators  are  or  ought  to  be  done  and  pcriormed, 
iiiid  ail  aClion  and  actions,  fuit  and  I'uits  both  at  law 
and  in  equity.  Coils,  charges,  damages,  and  expenfes 
whatfoever, which  ihall  or  may  happen  to  him  or  them, 
for  or  by  reafon  thereof,  or  touching  or  concerning  the 
faid  indenture  of  apprenticclhip,  or  by  reafon  or  means 
of  any  fain  or  funis  of  money  by  him  had  and  receiv- 
ed with  the  faid  Amos  Hoto^  or  for  re -payment  there- 
of, or  any  wife  relating  to  any  of  the  fuid  matters  : 
Then,  &c. 


To  Indemnify  Bail  hi  Recogmzance, 

The  condition  of  this  obligation  is  fuch,  That 
xvhereas  the  above  named  Abel  Bentley^  at  the  Ipeciai 
in  fiance  and  requeft,  of  the  above  lx)unden  Caleb  Doe^ 
llandeth  bound  for  the  faid  Caleb  DoCy  to  the  com- 
monwealth 01  Fejinsyhania^  in  the  fum  of dol- 
lars, conditioned  for  the  appearance  of  the  faid  Caleb 
Doe^  at  the  next  court  of  genera!  quarter  feilions  of  the 

peace,  to  be  held  at ,  in  and  for -the  county  of , 

aforefaid,  to  anfwerto  fuch  matters  and  things,  asfliali 
then  and  there  be  objected  againfl  him,  on  the  com,- 
anonwealth's  behalf,  [or  to  an^iver  to  a  certain  indict- 
:nent  preferred  against  him^  for  ^c.']  And  alfo  that 
the  faid  Caleb  Doe  iliall  in  the  mean  time  keep  the 
peace,and  be  of  good  behaviour  tov/ards  ail  the  citizieus 


CONDITION.  S1S> 

«jf  l»e  commonwcukb,  and  erpecially  towardg  John 
Sloan^  as  by  the  laid  recognizance  of  bail  on  record  in 
the  iaid  court,  may  more  at  lari^e  appear,  litht  reibrc, 
the  laid  {\ilcb  Doc^  Ihall  appear  according  to  the  con- 
dition ot"  the  laid  rccc>!^nizance,and  as  the  iawrequires  : 
And  alio  Ihall  and  do,  IVoni  time  to  time,  and  at  all 
times  herealter,  ^^ell  andi'nliiciently  lave,  dclend  keep 
harmlels,  and  indemnify  the  i\ud /JOi/Bent/cfV.  his  heirs, 
executors  and  auaun.llrators,  and  his  and  Lheir  goods 
and  chattels,  lands  and  tenements,  ol' and  from  the  faid 
iecognizancc,and  ofandlVom  all  action  s,fu  its, payments, 
colts,  charges  and  damages,  for  or  by  reafon  thereof. 
Then,  i^c. 


Then  an  Apprentice  "hall  account^  and  that  satisfactU 
on  shall  be  made  for  what  he  embezzles. 

Whereas  Daniel  Boal,  fon  of  the  above  bound  Abel 
JRoal^  by  his  indentures  of   apprenticelhip    uiuler  his 

hand  and  feal,  bearing  date  the  « day  of ,  hath 

bound   himfelf  apprentice  unto  the   above  ^-samed  Bion 

Bell  for   the  term  (jf yeuri.,  from  the  date  of  the 

laid  indentures  of  apprenticelhip,  as  thereby,  relation 
being  thereunto  had, may  appear.  Now  the  condition 
of  the  above  obligation  is  fuch,  that  if  the  faid  Daii'ul 
Jioal^  lliall  and  do,  from  time  to  time,  during  the  faid 
term  of  his  apprenticeHiip,  fo  often  as  he  Oiall  thereun- 
to be  required  by  the  faid  B'lon  Bell,  his  executors  or 
adminilliators,  give  a  jnft  and  true  account  of  all  fuch 
fum  and  funis  of  money,  bills,  notes  and  other  things^ 
Mhich  lliall  be  received  by,  or  be  committed,  or  come? 
to  the  hands,  ciiarge  or  cuilody  of  the  faid  Da'chi  Boal. 
And  that  if  the  Riid  David  BoaU  or  any  others  by  his 
means,  privity  or  procurement  \_if  the  bovd  is  made 
after  the  indentures^  these  words  may  come  in  ho  c'\ 
lince  the  day  of  the  date  of  the  faid  recited  indcnturG«* 


S20  CONDITIO  N, 

hath  wailed,  coiifumecl,  embezzled,  mlfpcndcd,  pur- 
loined, made  auay,  or  unjultly  detained,  or  (hall  at  any- 
time during  (the  remainder  of)  the  faid  term  Widle, 
confumc,  embezzle,  mii'pend,  purloin,  m.ake  away,  or 
unjuilly  detain  any  of  the  monies,  goods,  wares,  mer- 
chandiies,  or  other  things  whatfoever,  of,  or  belonging 
to  the  faid  Bion  Belly  his  executors,  adminiili  aiors  or 
afiigns,  or  any  other  perfon  or  perfons  wherewith  he  or 
they  Ihall  or  may  be  charged  or  chargeable  :  If  then, 
and  fo  often   he   the  faid  </^l?/i?(7«/,  his  executors  and 

adminiftrators,  fliuU  and  do,  within days  always 

next  after  requeil  made  and  notice  to  him  or  them  ia 
that  behalf  given,  from  time  to  time,  make  and  give  un- 
to the  faid  Bion  Bell,  his  executors,  adminiftrators  or 
afiigns,  full  fatisfa£tion  and  recompenfe,  of  and  for  all 
fuch  monies,  goods,  wares,  n^.erchandifes  or  other 
things  whatfoever,  which  upon  anj  accounts  or  other- 
wife  at  anytime  fliall  truly  appear,  or  be  found,  con- 
felTed  or  proved  to  be  wafted,  confumed,  embezzled, 
mifpent,  purloined,  made  av/ay,  or  unjuftly  detained  by 
the  faid  Dai) id  BcaL  cr  by  ary  other  perfon  or 
perfons  by  his  means, privity  or  procurement,  then,  &ic. 


For  Payment  of  an  Annuity  during  Life. 

Whereas  the  above  boundcn  Abel  Man,  on  the  day 
of  the  date  of  the  above  v.ritten  obligation,  hath  had 
and  received  tohis  ov.n  ufe,  of  and  from   the  above 

named  John  Pugb,  the  fum  of dollars,  the  receipt 

whereof  he  doth  hereby  acknowledge,  in  confideratioir 
Whereof  he  the  faid  Abel  Man,  hcWh  agreed  to  pay  un- 
to the  faid  John  Piigb,  one  annuity  or  clear  yearly  fam 

of dollars,  during  his  natural  life,  to  be    paid  in 

manner  hereafter  mentioned.  Now  the  condition  of 
this  obligation  is  fuch,  That  if  the  above  bounden  Abel 
Mcm^  his' heirs,  c>;ccutors,  gr  adminiftratorsj  or  any  of 


CONDITION.  321 

thim,  do  and  fliall  yearly  and  every  year  duvinp^  the 
natural  life  of  the  above  uiinicd  '[John  i^ii;^b,  ^^cil  and 
truly  pay  or  caiife  to  be  paid  lo  him  the  laid  John  Pir^h^ 
or  hjs  aifigns,  the  clear  yearly  fum  of  — -  dollars,  by 
quarterly  j)ii)  mer.ts,  on  thclbu:  molt  ulual  d:'.ys  ofpay- 
ir.eut  1.1  liie  year  (lial  is  to  f.:y)  ihc  firft  days  of  Janu- 
ary, Apii',  July  aiKl  October,  in  each  year,  by  even 
and  equal  portions,  the  lirfl  p.iyment  theicof  to  bei^ia 
and  be  made  on  the  lirll  day  ol  January,  next  tnfuing 
the  date  of  the  above  written  obligation,  then  this  obli- 
gation {hail  be  void  ar,d  of  no  effete,  but  ifde{l\ult  Ijuill 
happen  to  be  made,  of  or  in  any  of  the  faid  quaiterly 
payments,  or  an\  part  thereof,  on  any  or  either  of  the 
faid  q'larterlv  davs,  ftn  \vhieh  the  fiime  ous^ht  to  be 
paid  as  aforelitid,  then  the  fame  (hali  llaud  and  remaiii 
in  full  force  and  virtue. 


For  the  Fideiify  of  a  Clerk, 

Whereas  the  above  named  Amos  Hunt^  hath  taken 
and  received  the  above  bound  Bion  Kapp,  into  his  fer* 
vice  to  be  one  of  his  clerks  to  collec"t,  receive  and  get  in 
money  for  him,  and  to  do  all  other  things  in  his  power 
incident  to  the  bufmefs  of  a  clerk .  Now  the  con- 
dition of  this  oblip^ation  is  fuch,  that  iftheliiid  Ilioii 
Ktipp  do  not  or  111  all  not  at  all  times  hereafter,  from 
time  to  time,  durino^  fo  long  time  as  he  the  faid  Bion 
Kapp.  fliall  continue  and  be  employed  in  the  ferviceof 
the  faid  Amos  Hunt,  as  his  clerk  or  fervant,  well,  faith- 
fully and  truly  ferve  the  faid  Amos  Hunt,  his  mafter 
without  confuming,  wailing,  embezzling,  lofing,  mif- 
pendinfT,  mifajiplying  or  unlawfully  making  away  with 
jmy  of  the  monies,  goods,  chattels,  wares,  merchandi- 
fes  or  cfl'e6ls  whatfocver,  of  the  faid  Amos  Hviit,  his 
mailer,  or  of  any  other  perfon  or  pcrfons  whatfoevcr, 
for  which  he  the  faid  Amos  Hunt,  his  heirs,  executory. 


52^  CONDITION. 

or  admlnlftrators  fliiill  or  may  by  any  law,  cuflom  of 
iifaoe  wliatibevcr  be  any  nays  ani'werable  or  rciponfi- 
ble,  whicli  fliail  be  commltttd  to  his  the  faid  JJion 
Jiap/fs  charge,  care,  cullody  or  keeping,  by  reafon  or 
means  of  his  laid  fervice,  or  being  cierk-as  albreiaid  ; 
and  if  the  faitl  Biofi  Xapp^  Ihall  at  any  time  during  the 
time  o^  his  being  clerk  or  fervant  to  the  faid  Amos 
Hunt,  his  executors  or  adminiflrators,  negle^l  or  refule 
to  account  with  him  the  faid  Amos  Hunt.,  his  executors, 
adminiftrators  or  affigns,  weekly  or  oftener,  if  thereun- 
to required  by  the  faid  Amos  Hiint^  his  executors  oir 
adminiflrators,  by  reafonable  notice  in  writing  under 
liis  or  their  hands,  for  that  purpofe  to  be  given  to  or 
left  for  him  the  faid  B'lon  Kapp^  at  his  houfe  or  ufual 
place  of  abode  or  habitation  ;  then  if  the  faid  Blon  Kapp 
and  Enoch  Ellis ^  or  either  of  them,  their  or  either  of 
their  heirs,  executors  or  adminillrators,  er  any  of  them 

tlo  and  Iliall  (within months  next  after  due  proof 

thereof,  either  by  the  confeffion  of  the  faid  B'lon  Kappy 
or  otherwife  howfocver,  and  notice  or  warning  thereof 
given  or  left,  at  or  in  the  dwelling-houfe,  habitation  or 
place  of  refidence  of  them  the  faid  Blon  Kapp  and  E^ 
moch  EUis^  or  either  of  them,  or  either  of  their  heirs^ 
executors  or  adminillrators,  in  writing  or  otherwife,) 
snake  good  and  fuiTicient  recompenfe,  fatisfaclion,  and 
payment,  unto  the  faid  Amos  liunt^  his  executors,  ad- 
■jniniftrators  or  afiigns,  for  the  faid  monies,  goods,  chat- 
tels, wares,  merchandifes  or  efFecls  of  him  the  Hiid  ^- 
mos  Hunt,  fo  loft,  wafted,  mifpent,  or  milapplied  as  a- 
forefaid,  and  alio  for  all  fuch  lofs,  damage  or  charg;e  as 
he  the  faid  Amos  Hunt,  his  executors,  or  adminiftra- 
tors  fliall  fulTer,  fuftain  and  be  put  unto,  for  or  by  rejj- 
fon  or  means  of  his  the  faid  Bion  Aj/-^/>'^  neglecting  of 
refufmjj  to  acGOunt  gis  aforefaid  ;  then,  &:g» 


CONDITION.  323 

To  Indemnify  Surety  in  Administration  Bond, 

The  condition  of  this  oblii^ation  is  fuch,  That  where- 
as tlic  above  named  Ca/cb  ^>ol\  at  tlie  ipeeial  inllanee 
and  requelt  of  the  above  bounden  Paul  Mcck^  in  and  by 

a  certain  oblij^ation  bearint^  date  the day  of , 

hath  become  ijound  toy;cther  with  thofaid  Caleb  I'olky 
unto  %imcs  Bctz,  efqiiire,  rcj:?iller  for  the  probate  of 
vills  and  granting  letters  of  admmiftration,  in  and  for 
the  county  of aforefaid,  in  the  fum  of dol- 
lars, for  the  due  adminiftration  of  ail  and  fingular  the 
goods  and  chattels,  rights  and  credits,  v.  hieh  were    of 

John  Kiits,  late  of  ,  who  died  intellate,  &C.  asby 

the  faid  recited  obligation  and  condition  thereof,  rcr 

mainingin  the  regiller's  ofiice,  at ,  relation  being 

tliereunto  had  more  at  large  appears.  If  therefore  the 
faid  Paul  Jl/t'cA',admini{lrator  as  aforefliid,  Iball  and  do, 
well  and  truly  adminifter  all  and  lingular  the  goods  and 
chattels,  rights  and  credits,  which  were  of  the  nfoiefaid 
John  Kitts.,  according  to  law.  and  do  and  perform  all 
ajid  every  other  acl, matter  and  thing,  on  the  partand  be- 
lialfof  the  faid  Paul  Meek  to  be  done  and  performed, 
according  to  the  true  intent  and  meaning  of  the  condi- 
tion of  the  faid  recited  obligation,  and  alfo  fliall  and  do* 
fjom  time  to  time,  and  at  all  times  hereafter,  well  and 
iufliciently  fave,  keep  harmlefs  and  indemnify  the  laid 
Caleb  Doe,  his  heirs,  executors  and  adminillrators,  and 
liis  and  their  goods  and  chattels,  lands  and  tenements, 
of  and  from  the  faid  obligation,  and  of  and  from  all 
26>ions,  fuits,  payments,  colls,  charges  and  damages, 
for  or  by  reafon  thereof  ;  then,  &,c. 


To  Pay  Money  for  Goods  sold,  cmd  for  Freight  ami 
Insuranee. 

Whereas  the  above  hound  Jlmos  Ames,   and   Fion 
j^ctz,  are  J^und  out  oo  a  voyage  to ,^and  othe§ 


324  CONDITION, 

parts  beyond  the  feas  :  And  wticreas  the  above  named 
Caleb  CuXj  at  the  icquell  oi"  the  itiia  ^imoa  .'imcs  and 
JBion  Bctz^  hum  liiippeci,  oi'  is  co  Iliip  on  bucud  feme 

lijip  or    ilups  ior ,   Cj«aThb -ma  {lunl>  piiMicuIuily 

nifcotioned  in  the  invoice  liiertol" ;  which  i^oodb  by  a- 
grcemciit  are   or  .ue  to  be  couiigned  lo  the  i'diu  /iriios 

Ames  <x\\Ci  JJion  Bciz  at ,   and  they  have   aj^rced, 

ajiodo  bet eb)  agree,  toicccive  the  i'^inic  at  ,  ufid 

pay  the  lVe"ii2:hi  thernjftiiiiher,  and  to  dilpoie  oi"  the  find 
goods,  and  i  un  ail  riicjuei  of  the  fame  after  their  arrival 
ihirv  ;  arid  to  anfwer,  pay,  and  make  good  to  the  faid 

Ci  Icb  Cox^  at ,  ior  the  faid   goods  and  his  profits 

fhtieby,  and  for  his  bearing  the  rifque  thereof  to  — — -, 

tfif  iurn  of  ,    as  hereunder  is  niei.tioncd  :   Now 

thv  condition  of  this  ob'igation  is  fuch,  that  if  the  faid 
^rrni'.Ks  /irncs  and  Bum  Bctz,  their  executors,  admini- 
fi  ..t;)s  or  affig-ns,  or  either  or  any  of  them  fliall  and  do 

receive  the  faid  goods  upon  their  arrival  at ,  and 

psy  thf  freight  thereof  thither,  and  run  all  rifques  of  the 
fame  after  their  arrival  there  ;  and  do  and  fliall  alfo 
truly  pi!}',  or  caufe  to  be  paid,  fatisfied  and  made  good 
tinto  the  faid  Caleb  Cox,  his  executors,  adminiftrators 
or  afigns,  in  — ,  for  ihe  faid   goods  and  his  profit 

thereby,  and  for  his  rifque  thereof  to as  aforefaid  ; 

the  faid  fum  of on,  &c.  al!  further  advantages,  by 

or  in  rf  fped^  of  the  faid  goods  being  for  the  proper  ac- 
counts of  the  im^  Amos  Ames  sind  Bi&n  Belz  ;   then^^ 

&Co 


^or  payment  of  an  Aiimnfy  chirhi^y  ihe  joint  LiDcs  of 
tioo  Persons,  and  of  a  Sum  of  Moiiey,  in  Case  o?ie 
of  them  shall  die  in  the  Life- time  of  the  other. 

The  condition  of  this  obligation  is  fuch,  That  if  the 
above  bound  ./  hn  Bent,  his  heirs,  executors  or  admi» 
iiijihtitors,  or  aijy  of  them,  do  and  lliall  yearly  and  ev.e^ 


CONDITION.  ^      325 

ry  year,  duiiiii^  the  joint  lives  of  him  the  faid  John 
Jietit^  and  the  abo\e  named  fFin  Lt'm„  veil  and  truly 
\).'\  or  caiil'c  lobe  paid  unto  the  laid  IJln  Lem,  or  his 

aliigiis,  one  annuiiy,  or  clear   yearly  Inm  of dol- 

lai',,  by  Ibnr  even  and  c(|ual  (jiiiulerly  payments,  on  the 
four  moil  ufual  quarterly  days  ofpiivment  in  the  year, 
that  is  to  i'-iy,  the  liilt  days  of  the  months  of  January, 
iNpril,  July, -and  (3c\c)ber,  in  eacli  and  every  j-ear  ;  the 
ill  it  of  the  faid  quarterly  payments,  to  begin  and  be 
made  on  the  firil  clay  of  January,  next  cnfuing  the  date 
of  the  above  written  oblic^ation  ;  and  if  the  ht-irs,  exe- 
cutors or  adminidrators,  of  the  fuid  yobn  I>'c?it,  do  and 
IIkiH  in  cafe  the  faid  Jobn  Ikiit  Ih.ali  happen  to  di«  m 
the  life-time  of  the  faid  //"///  Lpjiu  ^'.^U  and  truly  pay  or 
caufc  to  be  paid  unto  the  faid  IVin  Lcnu  his  executors, 

adminillrators  or  afllgns,  the  full  fum  of dollars, 

within  thice  montlis  next  after  fuch  the  deccafe  of  ih^ 
£iid  Jo/jn  Bent,  then,  £ic. 

To  Pay  Money  on  Marriage  or  Death, 

The  condition  of  this  ob]i.c;ation  is  fuch,  Thrft  wherce 
as  the  above  named  Caleb  Boc^  hath  fold  unto  the  a* 
boA'c  bound  Jbncr  Jiaxur^  one  cjold  watch,  he.  for  the 

ium  of ,  to  be  paid   unto  him  the  faid  Caleb  Dbc^ 

his  executors,  adminiibators  or  afligns,  at  or  upon  the 
day  of  marria|3;e,  or  hour  of  death  of  the  faicf  .Abv.cr 
Baxter^  which  ihall  firil  ha])|)en  :  If  therefore  the  faid 
Abncr  Baxter,  his  heirs,  executors,  or  adminiftrators, 
do  and  nmll  \\  ell  and  trul}  pay  or  caufe  to  be  paid  unto 
the  faid  Caleb  Doe,  his  executors,  adminillrators  or 
afligns,  the  fum  of dollars,  within  six  n7onths  af- 
ter the  folemnization  of  the  marriap;e  of  the  faid  ^!/^-, 
ner  Baxter^  or  the  time  of  the  death  of  the  faid  Abncr 
Baxter,  which  fliall  firll  liappen  afier  the  date  of  the 
above  written  bond  or  obli,^ation  ;  then,  &:c. 


^^  CONDITION. 

To  Indemnify  an  Executor  on  payment  of  a  Legafy^ 

The  condition  oftlvis  obligalion  is  fiich,  That  \;here- 
as  Abel  Backet^  by  his  lall  will  and  teflaintnt,  bearing 

date  the day  ot" ,    did  bequeath  unto   Caleb 

Doe^  the  fon  of  the  above  boundcn  Conrad  Doe^  a  cer* 

tain  legacy  of dollars.   And  whereas  the  faid  Kz- 

ra  Feny  st  the  recjucil  of  the  liiid  Conrad  I) oe^  haiapaid 
the  ikid  legacy  unto  him,  for  the  ufe  ana  bentht  of  his 
JiVid  ion,  who  rs  a  minor,  umier  the  age  of  t'v\  enty-one 
years,  if  therefore  tiie  faid  Conrad  Doe^  his  heirs,  ex- 
ecutors or  ?;dtTiiniitraL<jrs5,  ihirt.il  cauic  aod  procure  the 
laid  Caleb  Dee,  "Ciit  fon,  on  his  arrival  at  the  age  of 
t\i  cTitY-crie  jcars,  to  relcafe  tiie  legacy  aforciiiid  ur.to 
the  iVici  Ezra  Fen,  and  lliall  and  do  in  the  mean  tirnGj 
end  at  all  times  hereafter,  vv'cll  and  fufficiently  fave,  de- 
fend, keep  harmiefs  and  indenirjify  the  faid  Ezra  Fen^ 
his  heir*,  executors,  and  adH;iinilirators,  aiKl  his  and 
their  p:Gods  and  chattels,  lands  and  tenements,  of  and 
from  the  faid  legacy,  and  of  and  from  all  aclions, 
fuitr>,  payments,  colls,  charges  and  damages,  for  or  by 
reafon  thereof;  then,  &c. 


'^rom  an  intended  IJushand  to  ha'ue  a  JV'ife  all  his 

Eg  t  ate, 

"Whereas  a  marriage  is  intended,  by  the  permiiTlon  of 
God,  to  be  had  and  iblemnifed  by  and  between  the  a- 
bove  bound  Samuel  Slhn  and  Molly  IFelsh,   spinster^ 

one  of  the  daughters  of  .John  JFchh,  merchant,  of , 

and  whereas  in  confidcration  of  the  faid  intended  raar« 
riage,  and  of  aeon  fiderable  portion  which  the  faid  5^- 
fnucl Slim  will  have  with  the  {ixvAIt folly  Welsh ^  his  in- 
tended  wife,  he  the  faid  Samuel  Siim^  has  agreed  to 
leave  the  faid  Molly,  at  his  death,  ail  fuch  real  and 
perfonal  eilate  as  he  the  faid  Saniucl  Slim,  or  any  oth- 
er in  truil  for  him  er  for  his  pfe,   fuall  be  feizred  or 


CONDITION.  527 

^offcncd  of,  or  as  fliall  belong  to  him  the  faid  Sifi- 
wild  Slim^  at  his  deccaie,  in  cafe  Ihe  fliill  hap- 
pen to  iurvivc  \\\m.  :  Now  the  coiuiiuon  ol'  thii>  obli- 
gation is  fiich,  that  if  the  laid  marriage  fhall  take  cillcl. 
and  be  IblcmnHed,  and  the  laid  Samuel  Sum  ihali  hapr 
pen  to  depart  this  liic,  leaving  tlic  laid  j\IoUy  rurvivini^ 
him  :  then  if  the  laid  Samuci  Slim  either  before  or  ac 
the  time  of  his  death,  fhall  and  do  by  fome  deed  or 
deeds,  or  by  his  laR  will  and  tellament  in  wriiing  to  be 
by  him  duly  exeeuted,  well  and  fufticLently  convey,  af- 
iure,  devile  and  fettle,  unto  and  to  the  ufc  of  the  faicl 
jMally^  her  heirs,  executors,  adminillrators  and  afllgns, 
all  and  every  the  real  and  perfonal  ellates,  which  he  the 
laid  Saviuel  Slim^  at  the  time  of  his  death,  Ihall  be  any 
■ways  feized,  poUeiied  of,  intereftcd  in,  or  intitled  unto, 
"without  making  any  gift,  dcvife  or  bequeit  thereof,  or 
any  part  thereof,  to  any  other  perfon  or  perfons  whom- 
foever,  (unlcfs  it  be  by  and  with  the  confent  of  her  the 
faid  Molly,  the  fame  to  be  lignihed  by  writing  under 
her  hand  and  feal,  and  attcllcd  by  two  or  more  witnei- 
fcs) ;  fubjec\  neverthelcfs  to  the  payment  of  all  fuch  in- 
terclt  and  debts,  as  he  Ihall  owe  at  the  time  of  hia- 
death  ;  then,  Sec, 


For  payment  of  an  Annuity  diirir^  ten    Years,  and  a 
Sum  of  Money  at  three  separate  Payments, 

The  condition  of  this  obligation  is  fuch.  That  if  the 
above  bounden  Henry  Sands,  his  heirs,  executors  or 
adminiftrators,  or  any  of  them,  do  and  Ihall  yearly  and 
every  year  during  the  term  often  years,  to  be  comput- 
ed from  the day  of laft  pall,  before  the  diiy 

of  the  date  of  the  above  written  obligation,  well  and 
truly  p;iy  or  caufe  to  be  paid  unto  ihe  above  named  Jo' 
scph  fcnks,  his  executors,  adminiftrators,  or  afiigus, 
ttie  annuity  or  clear  yearly  fum  of dollars,  by  e. 


Si2S  CONDITION. 

ven  and  equal  (juarterl)'  payments,  at  or  upon  the  four 
moll  iillial  quarterly  ckfvs  of  payment  in  the  year,  that 
is  to  fay,  the  iirilciays  of  the  months  of  Jaiuuuy,  .April, 
July  and  Ocl  j'oer,  and  by  even  and  equal  quarterly 
portions,  the  firll  payment  thereof  to  bcp^in  and  be 
made  on  the  uril  day  of  Januar}',  next  enfuiug  the  day 
of  the  date  of  the  above  written  obligation,  and  aifo  do 
and  Ihall  well  and  truly  pay  or  caufe  to  be  paid  unto  the 
faid  Joseph  Jcnks^  his  executors,  aclminillrators  or  af- 

fi.a;ns,  the  fam  of dollars,  on  the  feveral  days  and 

times  hereinafter  mentioned  for  payment  thereof,  that 

is  to    fay,  the  fum  of dollars,  part  thereof,  on  die 

fuTi  day  of ;  the  fum  of dollars,  other  part 

thereof,  on  the  firft  day  of then  next  fol!ovvi;',.[^, 

and  the  fum  of dollars,  remainder  of  the  faifl  fum 

of dollars,  on  the  fail  day  of — —  then  next  en- 

fuing  :  then,   &c. 


To  Pay  Money  SinarterJy. 

The  condition  of  this  obligation  is  fuch.  That  if  the 
above  bound  Amos  Bed:  and  Caleb  Damp^  or  either  of 
them,  their  or  either  of  their  heirs,  executors  or  ad- 
minifirators,  do  and  (liall  well  and  truly  pay  or  caufe 
to  be  paid  to  the  above  named  Eiws  Fisk^  his  execu- 
-tors,  adminiilrators  ^r  alTigns,  the  full  fum  of dol- 
lars, in  manner  foUovvins^,  that  is  to  fay,  the  fum  of 
• dollars,  part  thereof  on  the day  o^  Decem- 
ber next  cnfuinj^  the  date  above  written  ;  the  fum  of 

' dollars  more  thereof,  on  the day  o^ March, 

which   fnall  be  in  the  year  of  our  Lord ;  the  fum 

of dollars,  more  thereof,  on  the day  of  June, 

then  next  enfuino:,    and  ths  fum  of dollars  more 

thereof  on  the  — ~  day  of  September  then  next  follow- 
ing ;  and  fo  quarterly,  and  every  quarter  of  a  year,  one 
next  and  immediaieW  enfuincr  another,  on  every  of  the 
••^/darter  days  aforcfaid,  the  fum  of dollars,  uutil  the 


CONDITION.  329 

fill  J  fum  of dollars  fliall  be  in  fucli  manner  fully 

fatibiifd,   conttntcd  and  paid  ;  then  this  obiij^auon  to 
be, void;  butifdcfauit  (liali  be  made  in  payment  of  the 

fliid  fimi  of ,  or  any  pai  t  thereof,  in  manner  afore- 

fuid,  then  this  obligation  to  remain  in  full  foice. 


To  Indemnify  Lessee  on  payment  of  Rent, 

The  condition  of  this  obligation  is  fuch.  That  ^vhcre- 
as  the   above  named  Amos  Backfsh^   by  indenture  of 

leafe,    bearing  date  the  day  of ,  hath  de- 

mifed  and  to  farm  let  unto  the  faid  Caleb  Doe^  ail   that 
mefluage,  &.c.  To  hold  the  fame  to  the  faid  Caleb  Doe^ 

for   the  term   of years,   paying \ as  in  the 

lease']  as  in  and  by  the  faid  indenture  appears.  And 
whereas  a  certain  Enoch  Fisk^  claims  title  to  the  pre» 
mifes  aforefaid,  with  the  appurtenances.  If  therefore 
the  faid  Amos  Backfish,  fliall  and  do,  from  time  to 
time,  indemnify  the  faid  Caleb  Doe^  his  heirs,  execu- 
tors and  adminiftrators,  and  his  and  their  goods  and 
chattels,  lands  and  tenements,  of  and  from  the  claim 
of  the  faid  Enoch  Fisk,  and  of  and  from  all  a6lions 
fuits,  payments,  cofls,  charges  and  damages,  for  or  by 
Tcafon  thereof  ;  then,  &:c. 


To  deliver  a  Watch,  or  pav  the  value  thereof    ad 
the  Charges  of  a  Suit  comtnenced  for  it. 

Whereas  the  above  bound  Adam  Appy  received   of 
and  from  the  above   named  Bion   Becket,  on  the  — — 

day  of laft,  a  gold  watch  with  a  tortoife-fbell  cafe, 

Ihidded  or  inlaid  with  gold,  to  mend  or  rectify  the  go- 
ing of  the  faid  watch,  the  faid  watch  being  made  by 
and  bought  of  the  faid  Adam  App^  which  faid  watch 
the  faid  Adam  Appy  hath  not  vet  delivered  to  the  faid 


S50  CONDITION. 

Bton  Becket.  And  wliereas  the  iakl  JJwn  Ihcht,  liat^ 
bi ought  his  a6lion  agiiuiil  the  laic)  yicunn  App:;^  for-  the 
faid  watch:  Now  the  condition  of  this  (biigation  .is 
fuch,  that  if  the  faid. ^^izwyi/?^, his  executors, or  admin- 

illrators/,     ihall    and    do     on     or   before   the    

day  of next,  deliver  or  caufe  to  be  delivered  un- 
to the  faid  Bion  Beckett  his  executors,  adminillrators  or 
alTio:ns,  the  faid  gold  watch,  and  the  faid  cafe  oi-  cover,, 
in  good  repair  and  condition, and  without  aiiy  huit,da- 
jmage  or  fpoil  thereof  or  thereto,  free  of  all  chari^es  ancl 
incumbrances ;  and  for  his  the  faid  Bion  Becket''^ 
charges  about  recovering  the  faid  \\atch,  if  the  faid  A" 
dam  App^  his  heirs,    executors  or  adminiflrators,  fl)all' 

and  do,  on  or  before  the day  of  — -  next,  pay  or' 

caufe  to  be  paid,  unto  the  faid  Bicni  Beckett  hisexecu-' 

tors,  adminillrators  or  alilgns,  the  fum  of dollars  ; 

then,  kc. 


Jj'or  Payment  of  Mondy  deposited  hi  a  Person'' s  IIands\ 
pursuant  to  a  IFilL 

Whereas  john  MinX^  late  of (brother  of  the 

above  bound  David  Minx,  J  by  his  laft  will  and  tefla^ 

aiient.  bearini;- date  the day    of  — —  ^   did  (after? 

fome  fewpecuniary  legaciestherein  mentionedjgive  and 

bequeath  unto  his  fon  Eli  Minx^  the  fum  of dol- 

lais,  and  to  Jane  Minx  ^  his  daug:htcr»   and   twj'in^  tli^ 

like  fum  of dohars,  and  to  his  daughter  and  rwi^ 

i)olly  Minx,  the   like  fum  of dollars,   and  gave 

'and  bequeathed  all  the  reft  and  refidue  of  I.is  elkite 
■ivharfoever,  to  his  wife  Dorinda  Minx^  and  declared 
jhis  u  ill  to  be,  that  the  — —  dollars,  to  the  faid  Eli 
il/i«j^,and  the  —  dolLirs,to  each  of  his  ftdd  daughters, 
iliould  be  fcverally  depohted  in  the  hands  of  his  faid 
brother  David  Minx,  until  fuch  tinne  as  they  Pnoulcf 
i&e  of  the  age  of  twenty:  oue  years,  he  allowing  Jour 


CONDITION.  331 

c^oUars  per  cent,  per  aim.  lor  the  fame,  by  jrivlnp:  bond 
fo  piaK'lp-il  unci  iiitcieil  ni  be  hall  o^  .!•::,  ilikl  cni'uicn, 
tiieinttrt'it  thercol  to  be  paid  to  his  f^id  wife,  lor  tiie 
fiipport  and  .Dciintcnance  of  hi;,  faid  childicn,  i\\<d  as 
they  each  aitaincd  the  age  of  twcnty-onc  ye:<rs,  upon 

tleniand,  ihc  then  funi  oi' dollats,  prir.cipal,  to  be 

paid  to  fach  chikl,  or  provided  one  die,  the  lurvivinj^ 

two  Ihould  divide  the  dcceafed's dollaib,  ecpiaily, 

and  in  cafe  two  fliould  die,  the  fiirvivlng  one,  when  of 

ugc,  flionkl  have  the  ubolc dollars,  and  in  caf*.  all 

jliould  die  before  they  attained  the  laid  age  :in(.\  his 
vife  ihould  be  furviving*,  he  did  thereby  declare  it  to 
be  his  will,  that  his  faid  brother   Dcrjid  Minx,  flioiskl 

pay  her dollars    per  annum,   during  her  natural 

life,  after  which  the  faid dollars,   fl^jould  be  tlie 

J  property  of  his  faid  brother,  and  his  heirs  forever,  un- 
efs  his  faid  brother  ihould  refufe  to  take  the  faid  — 
dollars,  \myin^  four  dollars  per  cent,  per  ann.  for  the 
fame,  as  before  required,  and  then  upon  fuch  reful'al  he 
did  by  his  faid  will,  order  and  appoii\t,'  that  the  laid 
,.^ —  dollars  fliould  be  laid  out  in  fome  bank  Hock,  for 
the  ufesaforefaici,  and  the  fnd  Da'vid  Minx.  exehuU'd 
all  benefit  that  polTib^v  could  accrue,  or  ai  ifc-  from  any 
of  his  cftate  whatf  )ever,  die  advantage  of  n  h"ich  he 
then  leaves  to  the  entire  difpofal  of  his  {Itid  wife  Do- 
rhidd,  :xud  his  faid  brother  Bai'id  Minx,"  i.'xtciV.r\K. 
and  executor  of  his  faid  ^  ill  dijiy  proved,  in  the  regif- 

ter's  office  of  div"  eountv  of ,  relation  beip.p;   iliere- 

xii^to  hid,  w^ill  more  fully  appear  :  And  whereas  the 
fi\\<]Dori7nh  Aftnx^the  reli6>.  and  one  of  the  ex*  cutors 
oflhcfdid  Jobn  M'nx,  d^cer.ifcd,  hath    fnce  irten-nar- 

ri'-d  >\ith  one  Jam^'s  Cox    of .      And  choreas  the 

faid  Diivrd  Minx,  h-!^th  a'j^reed   to  talcc  into  hi^  IkmuIs 

thcfvd  f'lm  of  dollars,   dire<5\ed  by  tlv-  fiid  r«-eit- 

ed  '.vill  ^obe  dfpofited  in  his  hands,  -it  inrereft  as  'fore- 
faid.  upon  the  terms  and  condit'M"^  in  thr  faid  ti cited 
will  mentioned,   concerning  the  fame  :  And  whereas 


532  CONDITION. 

the  idid  David  3Ii fix,  as  one  of  the  executors  of  the 
fuicl  reciteii  will,  huth  received   by  and  out  ol"  the  laid 

tellaiur'b  eltdte,  the  ium  oi dollars,  and  hath  paid 

thereout  lor  and  on  account  of  the  faid  ttftator's  ellatc 
in  debts,  legacies,  and  otherwife,  the  ium  of dol- 
lars, lb  that  there  remains  of  the  faid  teitator's  ellale  m 

his  ha  ds  the  fum  of dollars,  and  no  more,  as  by 

an  account  this  day  Hated  between  the  faid  James  Cox 
and  Dorinda  his  wife,  and  the  faid  JJaiid  Minx,  and 
figned  and  allowed  by  the  faid  James  Cox  and  Dorinda 
his  wife,  appears  :  And  whereas  the  faid  James  Cox, 
and  Dorinda  his  wife,  have,  on  the  day  of  the  date  of 
the  above  written  obligation,  by  and  out  of  the  faid  tef- 
tator's  eftate,  come  to  the  hands  of  the  faid  Dorinda, 
paid  into  the  hands  of  the  faid  Da'uid  Minx,  the  fum 

of dollars,  to  make  up  the  faid  fum  of dollars, 

remaining  in  his  hands  on  balance  of  the  faid  account, 

the  fum  of  dollars,  directed  by  the  faid   recited 

will,  to  be  depolited  in  his  hands  as  aforefaid,  the  re- 
ceipt whereof  he  the  faid  Da^vidMnix,  doth  hereby  ac- 
knowledge. Now  the  condition  of  this  obligation  is 
fuch,  that  if  the  faid  Da^idMinx,  his  heirs,  executors 
or  adminiftrators,  do  and  fhall  well  and  truly  pay,  or 
caufe  to  be  paid  untethe  faid  Eli  Minx,  Jane  Minx, 
and  Dolly  Minx,  or  to  the  furvivor  or  farvivors  of 

them,  the  faid  fum  of dollars,  fo  depofited  in   his 

hands  as  aforefaid,  when  and  as  they  iliall  rcfpeQively 
attain  the  age  of  twenty-one  years,  in  the  proportions, 
and  according  to  the  diredion  of  the  faid  recited  will, 
and  alfo  do  and  fhall  in  the  mean  time,  and  until  they 
fliall  arrive  at  the  faid  age  of  twenty-one  years,  yearly 

and  every  year  on  the day  of ,  and  the 

day  of in  each  year,  well  and  truly  pay,  or  caufe 

to  be  paid,  unto  the  {?aCiDorinda  Cox,  her  executors  or 
adminiftrators,  intereft  after  the  rate  of  four  dollars  per 

cent,  per  ann.  for  the  faid  fum  of dollars,  or  fo 

much  thereof  as  Ihall  from  time  to  time  be  remaining 


CONDITION.  333 

in  his  hands,  and  unpaid,  unto  the  faid  Eli  Mhix^'Jane 
Minx^  and  ijolly  Minx^  or  the  larx  Ivors  or  I'urvivor 
oi' ihcm,  '.>r  li"  and  in  culc  the  laid  Jili  MinXy  Jane 
Minx^  and  Dolly  Minx^  ihall  all  of  them  happen  to 
die  before  they  attain  ihe  faid  age  of  twenty-one  years, 
and  the  laid  Dorinda  Cox  Ihall  them  furvive,then  if  the 
faid  David  JMuix^  his  heirs,  executors  or  adminiftra- 
tors,  do  and  fliall  during  the  natural  life  of  the  faici  Do- 
rinda 6'ox,u'ell  and  truly  pay,|Or  caufe  to  be  paid,  unto 
her  the  faid  Dorinda  Cox^  or  her  afllgns,  the  clear  year- 
ly payment  of  dollars,  yearly   and  every  ^  <  ar, 

for  and  during  the  term  of  her  natural  life,  by  even  and 
equal  half  yearly  payments  next  and  immediately  cnfu- 
ing  each  other  ;  the  firft  of  the  faid  half  yearlv  pay- 
ments to  begin  and  be  made  at  the  expiration  of  iix 
months  next  after  the  dcceafe  of  them  the  faid  Eli 
Minx^  Jane  Minx  and  Dolly  Minx^  under  age  as  a- 
Ibrcfaid  ;  then  and  in  cither  of  the  faid  cafes,  this  obli- 
gation to  be  void,  or  elfe  to  be  and  remain  in  full  fore© 
and  virtue. 


To  Pay  Money  at  the  end  of  an   Apprejiticcsbip  or 

Marriage. 

The  condition  of  the  above  obligation  is  fuch,  That 
U'hereas  the  above  named  John  Loi.v,  hath  puthim- 

felf  apprentice  to  F/in   Taws,  of  ,   with  him   to 

dwell  and  ferve  as  his  apprentice,  from  the day 

of ,  unto  the  full  end  and  term  of  five  years  from 

thence  next  enfuing,  and  fully  to  be  complete  and 
ended,  as  by  the  faid  indenture  of  apprenticelhip  may 
more  fully  appear  :  And  whereas  the  above  named 
Charles  Rex,  hath  before  the  day  of  the  date  of  the 
above  written  bond  or  obligation,  at  fcveral  times  lent 
to  and  diiburfed  for  the  faid  ./oi6w  Zow,  feveral  fums 
of  money,  amounting  in  the  whole  to^  the  fum  of , 


^54  CONDITIO  TsT. 

far  which  the  faid  Charles  Rex  is  content  to  take  hlS 
bond  or  oblii^anoii,  payable  at  the  tx|:.iraticii  of  ihQ 
apprcnticcPiiip  of  ihe  ^aKX^fahn  Loii\  or  the  day  of  mar- 
riage of  the  lliid  jfo/jn  La-iv^  »v!th  ALiry  Fe^iv,  of , 

tvhich  fhall  fitil  happen  ;  if  diereibre  the  faid  Jo/jn 
jLov,)^  his  heirs,  executdrs,  or  adminiftrators,  or  any  of 
them,  do  and  ihall  Avcil  and  truly  pay  or  c«uf-i  to  be 
paid  to  the  faid  Cyharies  Rc^^  h.is  executors,  adminiilra- 
tors,  ora^t^nsi,  the  full  fum  of ,  at  the  end  or  ex- 
piration of  the  faid  apprtniticcdiip  of  the  faid  john  Lo%d 
or  term  of  five  years  above  mentioned,  or  on  the  &df 
ofmairiaj^e  ofthefwid  John  Low,  with  the  faid  Mary 
Pejv,  which  flial!  iirft  and  next  happen  to  be  or  come 
lifter  the  date  of  thefe  prefents ;  then  k^o,. 


Aga'inst  Claim  of  Doi\)er. 

The  condition  of  this  obiicjation  is  fuch,  That  where- 
as the  above  bonnden  jlbcl  BoycL  hy  indentute,  under 

liis  hand  and  fc;'l,bearin£^  (kite  tr.e  — day  of- ,hath 

^•ranted,  barcrained  and  fold  unto 'he  above  named  Ca- 
leb Dffc^  AD  tiiat  mefTua^e,  &c.  with  the  appurtenances^ 
to  hold  the  furip,  to  him,  his  liens  and  dfhii^ns  forever, 
as  by  the  faid  indeiitin-e,  reiation  bcjii.s:  th.et  ewnto  had, 
appears.  If  there  fore  the  (aid  Jbel  Boyd,  liis  heirs, 
executors,  md  avdrainiilrat^rs,  (hall  and  do,  from  time 
to  time,  iind  at  all  times  '-lereafter,  vveil  "ud  fufficiendy 
fave.  defend,  keep  harrahfv;,  and  indemnifv,  the  faid 
Caleb  Dor,  his  heirp,  executors  nnd  ndminillrafors,  and 
hii  and  t!->cir  ^>:oods  and  ehattek,  lands  and  tenements, 
'of  and  .ffoni  the  dower  or  thirds,  which  FJiza  Bovd^ 
the  wiff-  [_or  morbey.  tfr]  of  the  f -id  Abd  Boyd,  fliall 
or  may  claim  in  the  prt-nvifes,  and  of  ond  from  all  acli- 
ons,  fnit<;.  payments,  coRs.  charges  and  damages,  For 
or  by  reafon  thereof  ;  then,  &c. 


CONDITIO  N.  -3» 

S'o  permit  a  JVifc  to  li-oc  sefjar  ate  from  her  IIusband4 

*, 

\Micreai.  Jcuic  App^  wife  of  the  above  bouvuicn  A^ 
^ain  App^  now  lives  fct  :"ira'tc  and  apart  from  In  r  {iuc\ 
•  }]uibaii(i,  and  follows  the  hulmefa  and  and  cmplo}  n»enC 
of  making  and  felling  hats^  and  the  f-iid  Adqm  App^ 
hatli  afi;it'cd  thiir  liis  faid  wife  lli.Jl  have  and  recci\e  all 
bencfii  ariiinu:  iherebv,  or  bv  any  uUu'r  trade  or  bnii- 
liefs  which  llie  ma)  think  fit  to  follow,  to  and  for  her 
own  fcpa rate  life  and  fiipi^ort,  uhcreuiih  he  the  faid  A^ 
dam  Appy  is  r.ot  to  intermeddle,  or  have  any  profit  and 
advantii«rc  thercironi,  fo  as  tlie  the  faid  Jarie  App,  tlotli 
not,  and  lliall  not  contra6\  any  debt  or  debts,  for  uhieh 
the  perfon  oreiitt^ls  of  her  lUid  hufl)and  Uijill  or  may 
be  fued,  charpicd,  or  incumbered  by  any  means  v  hate* 
ver.  Now  the  eonditioti  of  the  above  written  oblig^^ 
tion  is  fuch,  'I'hat  if  the  fuul  Adam  App,  do  and  ihall 
from  time  to  time,  and  all  times,  during  the  natural  life 
of  the  faid  y^7?£' .^/;/;,  permit  and  fiiflcr  her  the  fakl 
Juiw  App^  to  live  fepanite  and  apart  from  him,  and  to 
iiave  and  receive  all  pfofjt,  benefit  and  advantage  ariCr 
ing,  or  which  Ihall  arilt  from  her  faid  trade  or  bufme{$ 
of  making  and  filling /jt.7.y,  or  any  nth«r  trade  or  bufi. 
nefs  which  ihe  ihall  follow  or  employ  herfelf  in,  to  and 
for  her  own  ftparare  ufe,  fupport  and  maintenance, 
without  any  ax:cttimt,  fnit,  tioubie  or  mokUation  v,  hat- 
foever,  and  widiout  aiSliuf^,  doing  Or  caufmg,  or  per* 
mitting  to  be  done,  any  at^t,  matter  or  thing  whatfoe- 
ver,  whereby  or  wherewith,  or  by  means  or  occafiort 
whereof  the  laid  JaneApp,  Ihall  or  may  be  molellen 
or  incumbered,  by  any  ways  or  means  whalfoevcr* 
Aul\  alfo,  ifthe  faid  Adam  App,  his  heirs,  e>:eeutor3 
Or  iuhninillrators,  cv  his  or  their  goods  or  chattels, 
lands  or  ttriements,  flial!  at  any  time  or  times' hereaf- 
ter be  fued,  attached  or  othcrw  ife  charged  or  incum'i)er  ■ 
ed,  f.)r  or  by  reafon  or  means  of  any  debt  or  ('ebts. 
\vhieh  his  fiid  wife  hr,th,  or  ilinll  or  may  contrail.  di»ea 
Uudin  eid^.er  of  the  faid  cafes,  tbitj  obligation  iiiaU,  £;c< 


536  CONDITION. 

ForPayment  of  Money  after  a  Persoiv^Dcath^  inpur- 
suance  of  a  Marriage  Settlement. 

The  condition  of  this  obligation  is  fiich,  that  if  the 
heirs,  executors,  or  adminiftrators  of  the  above  bound 
Abner  Aivl,  do  and  fhall  within  the  fpace  of  lix  calen- 
dar months  next  alter  his  deceafe,  w  ell  and  truly  pay, 
or  caufe  to  be  paid  to  the  above  named  Richard  RoCy 
and  Stephen  Stone,  their  executors,  adminiftiaiors,  or 

afiigns,  the  full  fum  of dollars,  upon    the   trulls, 

and  to  and  for  the  ulfes  mentioned  and  exprelTed  in  a 
certain  indenture  tripartite,  bearing  even  date  herev.  ith, 
and  made  or  mentioned  to  be  made,  between  the  laid 
Abner  Awl  ofthefirft  part  ;  Naoniio  Nunns  of  the  fe* 
cond  part,  and  the  laid  Richard  Roe  and  Stephen  Stone^ 
ow  the  third  part,   then,  8icc. 


To  pay  Yearly  to  two  Persons  during  their  Lilies. 

The  condition  of  this  obligation  is  fuch,  That  if  the 
above  bound  Abner  Boyd^  his  heirs,  executors  or  admi- 
niftrators, Iball  well  and  truly  pay  or  caufe  to  be  paid  to 
the  faid  Caleb  Doe  and  Eli  Foulk,  during  their  natu- 
ral lives,  and  the  life  of  the  furvivor  of  them,  the  annu- 
al or  yearly  fum  of dollars,  on  the day   of 

in  every  year,  the  firft  payment  thereof  to  begin 

on  the day  of  next  enfuing  the  date  above 

written  ;  then,  &Ci 


For  Bond  Mislaid  or  Lost, 

The  condition  of  this  obligjationisfuch.  That  where«- 

as  the  above  named  Abner  Boyd,  in  and  by   a  certain 

obligation,  bearing  date  on  or  about  the day   of 

,  became  bound  unto  the  above  named  Caleb  Doe^ 

in  the  fum  of dollars,  conditioned  for  the  pay- 


CONDITIONe  837 

ment  of tloilars,  uhich  faic)  obligation  is  finceloft 

or  niiliaid.      .Vncl  w  hcrtab  the   faici  .Jbricr  I>i>y(i^\\i\Xh 

I'ully   r.iUsilctl  and  }xnrl  iht-  laiil  rumoi  ,    with   its 

intcrcll,  due  on  the  i'uid  obligation,  tlic  receipt  \\  hereof 
the  ("aid  Caleb  Doc^  duih  hereby  acknowledge,  and 
thereof,  and  tVom  every  part  thereof,  and  all  'actions, 
fu its  and  demands,  concerning  the  fame,  doth  acquit, 
and  forever  elifcharge  the  faid  Culcb  Doe,  his  heirs,  ex- 
ecutors and  adminillrators,  by  theie  pttfents.  Ifthere- 
forc  the  faid  YV;/t^  DoCyWis  heirs,  executors  anei  ad* 
niinlftrators,  Ihaii  and  do  deliver  up  the  faid  obliiiation, 
when  it  lliail  be  found,  to  the  faid  Abncr  Boyd,  his 
heirs,  executors  or  adminillrators,  to  be  cancelled  ;  and 
until  the  fame  Iliall  fo  be  delivered  up  and  cancelled, 
fliall  fave, defend, keep  hnrmlefh,  and  indemnify  the  faid 
Abncr  Boyd,  his  heirs,  executors  and  adminiflrators, 
and  his  and  their  goods  and  chattels,  lands  and  tene- 
ments, of  :jnd  from  the  faid  obligation,  and  of  and  froni 
all  actions,  fuits, payments,  costs,  charges  and  damages, 
for  or  by  reafon  thereof;  then,  &.c. 

From  a  J\  faster^  that  hi  consideration,  of  Money  paid 
fj'tm^  he  shall  take  an  Apprentice  and  teach  him  his 
Trade  diiriug  three  years,  and  that  the  JpprenticQ 
may  leave  him  at  the  expiration  of  that  term. 

Whereas  the  above  named  Adam  App^  hath  at  or  be-» 
fore  the  fealing  and  delivery  hereof,  paid  unto  the  a- 
bove  bound  Bennct  Baum,  xhc^uxw  oi ,  the  re- 
ceipt whereof  is  hereby  acknowledged.  In  confidera- 
tion  whereof  the  faid  Bcunct  Bauni^  hath  agreed  with 
ihcfaid  Adam  A pp,  to  take  his  ion  Caleb  .'Ipp,  as  his 

apprentice  for  the  term  of  three  years^  from  the • 

day  of ,  and  to  teach  him  the  art  of ,  which 

he  now  ufcth,  and  to  provide  him  with  all  hecelVaries 
during  the  faid  term  :  Now  therefore  the  condition  of 
tjie  above  obligation  is  fuch,  that  if  the  faid  Bcnnst 


338  CONDITION. 

Baum,  do  and  lliall,  during  the  faid  term  of  three  years, 
teach  and  iiifirLicl  the  laid  'CaUb  App,  the  ion,  or  caule 
him  to  be  taught  and  inftrucled,  in  his  faid  art  and  trade 

of ,   which  he  now   ufeth,  by    the  bell  means  he 

can ;  and  fliaii  iikewife  during  the  faid  term  find  and 
provide  unto  and  for  the  faid  Caleb  App^  the  fon,  good 
and  fufTicient  meat,  drink,  walLing,  lodging,  Avearing 
apparel  and  odier  necelVaries  during  the  laid  term,  and 
at  the  end  and  expiration  of  the  faid  three  years,  fully 
permit  and  fuffer  the  faid  Caleb  Jpp,  the  apprentice,  to 
depart  from  and  leave  his  foid  fervice,  according  to  the 
true  meaning  of  the  faid  parties  and  of  thefe  prefents  ; 
then,  S^c. 


'I>'or  payment  of  Money  by  a  person  for  the  use  of  his 
intended  JF{fs,  if  she  sur'oives,  and  if  not^  to  such 
Uses  as  she  should  direct  by  Will. 

\Nhtrt2iS  Esther  East,  of ,  widoiv,  now  follow* 

eth  the  trade  of  a  — ,  at   her  hotife  fituate  in , 

and  is  pofielfed  of  a  ilock  in  money  and  goods  and  good 
debts,  over  and  above  what  will  pay  and  fatisfy  the 
.bonds  hereafter  mentioned,  and  all  other  juft  debts 

v/hatfoever,  to  the  amount  or  value  of dollars  and 

upwards,  of  which  the  above  bound  Samuel  Soames 
is  fully  fatisfied,  having  lived  with  the  fiud  Esther  East, 
iis  her  clerk,  ever  fince  flie  carried  on  the  faid  trade, 
and  having  lately  taken  an  inventory  of  her  ftock  in 
-trade,  and  an  account  of  debts  owing  to  and  from  her. 
And  W'hereas  the  faid  Esther  East,  the  better  to  enable 
her  to  carry  on  her  faid  trade  to  advantage,  borrowed 

of  the  above  named  Charles  Coles,   the  fum  of 

dollars;   of   George  Groijes,  of ,   the  like   fum  of 

dollars  ;  and  oi  Felix  Foulk,  of ,  the  fum  of 

.  •" •  dollars,  making  together  the  fum  of dollars? 

fend  the  faid  Samuel  S^amss  l-ecimie  bound  with  ths 


CONDITION.  339 

Taid  Esther  East,  in  three  feveral  bonds  for  payment 
thereof  rcfpec\ively,  w  hich  faid  bonds  remain  uiilatibfi- 
cd.  And  uhtreas  a  marriage  is  intended,  by  God's 
permilTion,  to  be  Ihortl}  had  und  folemnifcd  by  and  be- 
tween the  faid  Samuel  Soamcs  and  Esther  East  ;  and 
the  faid  .Samuel  Soarnes,  in  eafe  the  f.iid  intended  mar- 
riage iliall  take  effcel,  will  have  and  re  ceive  with  the 
iaid  Esther  East  hi  marriage  as  her  marriage  portion, 

the  fail  fum  or  vahie   of dollars  and  upwards  as 

arorcfiid.  Now  the  condition  of  this  oblii^ation  is  fnch, 
that  if  the  fiid  intended  marriiige  fliall  take  efi'e6t  and 
be  confummated,  and  the  faid  Siimuel  Soames,  the  in- 
tended hufband,  Ihall  depart  this  life,  in  the  life- time  of 
the  faid  Esther  East,  W\h  intended  wife.  Then  if  the 
heirs,  executors,  or  adminiRrators  of  the  ^ind  Satnuel 
Soames,  within  the  fpace  of  fix  months  next  after  his 
dcceafe,  do  and  fhall  well  and  truly  pay.  or  caufc  to  be 
paid  unto  the  above  named  Charles  Coles,  his  execu- 
tors, admiiuflrators   or  aiTig'is,  die  full  and  juft  fum  of 

dollars,  without    any   dedn^lion,  defalcation  or 

abatement  whatfoever.  In  trull  for  die  fole  ufe  and  be- 
nefit of  the  faid  Esther  East>,\\\s  widow  and  rtli6t.  But 
if  itjliall  ulcafe  God  that  the  fiid  Esther  East  fliall 
depart  this. life  in  the  life-hme  of  the  faid  Samuel 
SoafJies,  that  then  if  the  faid  Samuel  Soames,  his  heirs, 
executor'^'  or  adminillrators  do  and  flinll,  after  the 
deeeafe  of  the  faid  Esther  East,  without  fraud  or  de- 
lay-, well  and  truly  pay  or  cnufe  to  be  pnid  unto  fnch 
perfon  or  perlbns  his,  her  or  their  executors,  admini- 
flvators  or  afngns,  to  wliom  the  h\d, Esther  East,  tho' 
Ji/feme  covert,  fliall  liy  any  writing  or  deed  pnrportins: 
lier  will,  mind,  or  appointment  under  her  hand  and 
fcnl  in  the  prefcnce  of  two  or  more  wihicfre«i,  eive,  be- 
fjnrath,  or  difpofe  of  all,   or  any  f-'hrt  o-f  the  f  ih1  fimi  of 

dollars  beforementioncd  tornidfor  fuch  u^'t.^  orufes, 

intents  and  pnrpofes  as  in  and  by  fuch  wririn'g  or  deed 
fliall  be  mentioned  and  e^iprciTcd,  or  intended  accord- 


340  CONDI  T  I  0  N. 

ing  to  the  true  intent  aiKi  meaning  thereof  ;  aiid  alfo  if 
the  laid  SantUdl  Souiues,  his  hcub,  executors  or  admin- 
ilbaiors,  do  <\u(\  lliail,  piiy  off  and  i'aHbty  ihe  laid  three 
fcvcrai  bojidi,  ioleverai.}  entered  into  by  liim,  and  the 
field  Ei>thcr  East  to  riif  lind  Chiulcs  Cotes ^  George 
Groves,  and  Felix  Foulk  as  aforefaid,  and  every  of 
them,  and  fave,  i!eknd,  ketp  harniinlk  and  indemiiined 
her  the  faid  Esther  East,  hti  exectito.s,  adminiilra- 
tors,  donees  and  ieiijatees,  and  eveiy  of  them,  of  and 
ii  dm  payment  of  the  faid  bonds,  and  every  of  thdii, 
and  every  part  of  them,  and  every  of  them,  and  of  and 
from  all  coils,  charges,  damages,  and  expenfes,  that 
fhall  or  may  happen  or  come  to  them,  every  or  any  of 
them,  for  or  by  reafon  or  means  of  the  nonpayri'-nt 
of  the  faid  bonds,  of  any  of  them,  or  any  part  of  them, 
or  any  of  them,  or  by  reafon  of  her  the  faid  Esther 
East  having  entered  into  the  faid  bonds  as  aforefaid  ; 
then,  £;c. 


To  Ser'se  in  consideration  of  the  Payment  of  a  Debt* 

Know  all  men  by  thefe  prefents,  that  1  Abjier  Boyd^ 

of ,  in  confideration  of  the  fum  of ,  to  me  in 

hand  paid  by  John  Poe^  of ,  esquire    have  bound 

nayfelf,  and  by  thefe  prefents  do  bind  myfelfa  fervant 
imto  the  faid  John  Poe,  to  ferve  him  the  faid  John  Poe^ 
his  executors,  adminillrators  and  affigns,   for  the  fpace 

of  ,   months   and  —  days,   from  the  day  of  the 

date  hereof:  And  I  do  covenant  to  ferve  the  faid 
John  Pee,   and  his  affij^ns  faithfully  during  the   faid 

time:   And  further   to  ferve  at  the  rate  of dollars 

per  month,  for  all  fuch  monies  as  the  faid  John  Poe 
htth  undertaken  or  (liall  undertake  and  be  obliged  to 
pay  at  my  requefl,  for  me  and  on  mv  account,  he  the 
faid  ./o/jH /*«(?,  finding  and  providing  forme  during 
the  faid  time,  in  meat,  drink,  v  asliinoj  and  accommo- 
dationsj  as  is  cuftopiary  with  fervarits.  In  wUncfs^&c. 


CONDITIO  N.  ^41 

To  Indemnify  Sberijfon  Attachment  or  Fieri  Facias, 

The  Condition  of  this  obligation  is  fuch.  That 
uhtreas  a  writ  ol"  attach nneiu  [o/-  Jicri  Judas'^  has 
lately  iilucd  out  of  the  court  of  common  pitas  for  the 

county  of ,  directed  to  the  above  named, C/6fl/'/fS' 

JioCy  Ihcrlfl'of  the  faid  county,  at  the  fuit  of  the  laid 
Timothy  Poe^  agaiull  IVcnrich  Norton^  of  the  faid 
<zvi\xwXy y yeoman  :  And  whereas  the  faid  Iherift'  does 
not  certainly  know  wliat  are  the  goods  and  chattels,  or 
effects,  of  the  laid  JFenrich  JVorton.  If  therefore  the 
faid  Timothy  Poe^  his  heirs,  executors  and  aflmini lira- 
tors,  (]":all  and  do,  from  time  to  time,  and  at  all  times 
hc.eafter,  indemnify  and  favc  harmlefs  the  laid  Iberiff, 
liis  under- Iherif^",  and  all  other  his  olHeers,  and  his  and 
their  goods  and  chattels,  land^and  tenements,  en  ac- 
count of  his  or  their  attaching,  by  the  dire6^ion  of  him 
the  laid  Timothy  Poe^  and  by  force  of  the  faid  writ, 
the  goods  and  chattels  of  any  perfon  or  perfons  what- 
foevt-r,  fu]:)pofinp;them  to  be  the  goods  and  chattels  of 
the  faid  JFcjirich  Norton  ;  then,   &cc. 


That  the  Heirs,  ^c.  of  the  intejided  IF'shand  shall  pay 
the  intended  Wife,  a  Sum  of  Money  within  — — 
Months  after  the  Husband^s  decease^  if  she  suriji'ue 
him. 

Whereas  a  marriiigc  is  intended,  by  the  permiflion 
of  God,  fliortly  to  be  liad  and  folemni  frd  by  and  be- 
tween the  above  bound  R''nn  JFest  and  Dorcas  Piney 
of ,  [or  daughter  of  'is'c.']  And  whereas  in  confe- 
deration of  the  faid  inter, ded  marriage,  ar.d  ofaconfid- 
erable  portion  which  he  the  faid  Rioti  fFest,  will  have 
and  receive   with  the  f:iid   Dorcas  Pine^  his  intended 

wife,  \_or  say,  and  of  the  sum  of ,  which  he  the 

said  Rion  IVest^  is  to  have  and  rccrii}e,  for  and  as  the 
V^rria^e  portion  of  the  said  Dorcas  Pi/Wy']  he  tho 


542  CONDITION. 

faid  R'lon  fVest^  hatb  agreed,  that  in  cafe  the  fald  mar- 
riage iha!l  take  eiTc6\,  and  ihe  the  laid  Dorcas  Pine^ 
iliaii  ilirvive  him  tht  laid  Rion  ITts',  her  intended hui- 
band;  that  then  fhc  the  faid  Dorcas  Fine,  fliall  have, 
receive  and  be  p:iic:  (i>ut  of  ihe  real  and  perfouai   eftrite 

of  the  faid  Jiion  frcst,)  the  ium  of doiiursioi-  iier 

own  proper  Life  and  iiiaintenance  :  -Now  'he  condition 
of  the  r;b'jve  written  f>h  igatio  s  is  fuch,  That  if  the  faid 
snnrr;a^-e  ihad  take  eite6t  and  be  folemnifed,  and  that 
he  the  hid-  Rion  fFest,  Ihall  happen  to  depart  this  life, 
leavint^  the  faid  Dorcas  Pine,  his  intended  wife,  fiir- 
viviirir  hivn,  [or  say,  and  that  the  said  Dorcas  Pine^ 
shall  sur'siDe  him  the  said  Rion  West^~\  then  if  the 
heirs,  executor's  or  adminiftrators  of  the  faid  Pi.ion 
West,  fliall  and  do  wci|,and  truly  pay,  or  caufe  to  be 
paid  unto  the  faid  Dorcas  Pine,  her  executors,  admin- 
iftrators o^-  alTigns,  to  and  for  her  ow'n  proper  ufe,  be- 
nefit and  maintenance,  tlie   faid  fum  of  ,  'Ont  of 

fuch  lands,  tenements,  snoods,  chattels,  and  other  eilate 
real  and  perfonal,  wdiich  he  the  faid  Ri'in  IVcst,  or  any 
other  in  trnft  for  him  or  for  his  ufe,  (hall  be  feized  or 
poiTelfed  of,  or  which  Ihall  belong  to  him  the  faid  Rion 
West,  at  his  deceafe,  according  to  the  true  intent  and 

meaning  hereof)  within months  next  after   the 

deceafe  ofhimtheAiid  Py^ion  West  ;  then,  g^c. 


To  Indem?tify  the  Toivnshlp  agamst  a  Bastard  Child, 

The  condition  of  this  obligation  is  fuch.  That  where^ 

&s.Ann  Bend,  of ,  siv'^le  ivoman^   is   now'  pregnant 

with  child,   \or  hath  lately  been' deliis ere d  of  a   male 

bastard  child  in  the  township  of aforesaid,'\2L\\(\ 

hath  charp^cd  the  faid  Caleb  Dtichct  with  being  the  fa- 
ther of  the  faid  child.  If  tljerefore  the  faid  Caleb  Due- 
nets  fliall  and  do,  from,  time  to.  time,  and  -  at  all  time? 
liCFcafter,  wcU  and  fufficiently  fave,  defeHd,  keep  harm- 


C  O  N  D  1  T  I  O  ^^  84S 


« 


lefs  and  indemnify  the  Paid  Enos  Fend  ^ml  Giles  Hull^ 
and  their  fuccciibrs,   ovcileers  ofthe  poor  of  the  fiiid 

townllnp.  of ,  for  the  time   being,  and  alfo  all  the 

inhabitants  of  the  faid  townfliip,  of  and  from  all  ci^pen^ 
fcs,  coils,  charges  and  damages  uhatfoever,  whicli 
ihall  or  may  iicreafter  happen,  or  accrue,  for,  or  by 
rcafon  or  means  of  tiie  bn-th,  maintenance,  eclucation, 
or  bringing:  up  of  the  faid  child,  [or  of  such  child  or 
children  ivbcrcijoith  the  said  Ann  Bend  noii} gecih,'] 
and  of  and  from  all  ac\ions,  fnits,  troubles,  and  de- 
mands whatfoever,  touching  or  concerning  the  fame  ? 
then,  See. 

N.  B.  The  bond  mun:  be  to  the  overfeers  of  the  pooi? 
of  the  towr.lliip,  and  their  'ucccUbrs,  &.c. 

tC7'  Auomcm  cannot  Ic  compelled  to  fubmit  to  an 
«xaminaLion,  till  ihe  ib  deihered.  Ld.  Kaymoud  1368. 


To  pay  a  TFoman  for  the  Support  of  an  illegitimate 

ChiUL 

The  condition  of  this  obligation  is  fneh.  That  v  herc- 
;as  the  faid  Ann  J)cnd,  hath  made  oath  before  S/i?nncl 
Jlec/i,  elqnire,  one  of  the  julliccs  of  the  peace  for  the 

faid   county  of ,    that  ihc  above    bounden  Ci?/^^ 

J)oe\ii  the  father  of  a  wj/^  bulla  rd  child,  of  which  (]i« 
hath  lately  been  delivered,  and  the  faid  Calel?  Doe^ 
hath  thereupon  agreed  to  afTiIl  tlie  faid  Ann  Bond,  in  the 
fupport  and  maintcnanct  ol  the  faid  child  :  Now  there- 
fore if  .the  faid  Caleb  Doe^  his  heirs,  executors  or  ad- 
miniilrators,  fhall  well  and  truly  pay  to  the  faid  Ann 
Bojid,  her  heirs,  executors  or  admiriiflraturs,  toward 
the  fupport  and  maintenance  of  the  faid  cliild  the  fum 

of per  week,    IrTT  each  and  every  week,  from  the 

■ day  of ,  dm-ini;  the, term  of  feven  years,  if 

the  faid  child  iliall  live  fo  loiijr  ;   they,  &c. 


344  C  O  N  J3  I  T  I  O  N. 

^0  Indemnify  one  Executor  against  the  J [jpU  cat  ion  of 
Monies  by  the  other. 

Whereas  Sally  Stokes,  formerly  of  the  townfiTip  of 
in  the  county  of ,  but  late  'of ,   wirTt-U', 


deceafed,  by   her  laft  will   and   tellament,   in  writing, 

bearing  date  on  or  about  tiie day  of hffc,  cid 

give  all  the  rcfidue  of  her  peifonal  ellate,  alter  payment 
of  her  debts,  and  the  legacies  therein  mentionccJ,  unto 
the  faid  Caleb  Coles,  and  Nathan  Nuts^  of —    ,  \\\  the" 

county  of ,  clerk,   in  trull,  to  lay  out  the  fame  in 

the  purchafe  of  bank  flock,  and  to  pay  the  intercll 
thereof  to  her  daughter  b>usari  Cline,  wife  of  the  above 
bound  ^^777,'.?  Cline,  during  her  life,  for  her  feparale 
\ife,and  after  her  deceafe, to  divide  the  principal  amongfl 
the  children  and  grand  children  of  the  faid  Susan  Cline^ 
in  fach  proportions  and  at  fuch  times  as  the  faid  Susan 
Ciine^owld  by  her  laltwill  appoint,  and  in  default  of 
fuch  appointment,  to  divide  the  bank  Hock  amongll  all 
the  children  of  the  faid  Susan  Cline,  equally,  fhare  and 
fliare  alike,  at  the  refpcclive  times  therein  mentioned. 
But  in  cafe  aik-the  ildd  Susan  Cline's  children  lliould 
happen  to  die  before  any  of  them  fhould  become  inti- 
tied  to  their  fliares  thereof,  by  virtue  of  her  lliid  v,ill, 
then  the  faid  trnllces  fliould  transfer  the  fame  nnto  the 
executors,  adminiftrators  or  afligns  of  the  faid  Susa?i 
Cl'ine  ;  and  the  faid  teilatrix  appointed  her  faid  daugh- 
ter Susan  Cllne^  and  the  faid  Caleb  Coles,  fole  execu- 
tors of  her  faid  will,  who  hdve  duly  proved  the  fame  ia 
the  regiller's  office  of  the  county  of ,as  relation  be- 
ing thereunto  had,  may  appear  :  And  whereas  .the  faid 
teilatrix's  whole  eflate,  at  the  time  of  her  death,  (ex- 
clufive  of  her  jewels,  houfeho]<l  goods,  and  wearing 
apparel,  given  by  her  w  ill  to  the  faid  Susan  Cllne,) 

confifled  of dollars,  in  the  capital  or  bank  llock,  at 

per  centum   per  annum,  now  reduced  to per 

centum  per  ainnim,   transferable  at  the  bank  of , 

and  half  a  year's  dividend  then  due  thereon,'  and  fome 


CONDITION.  345 

inoncv  in  her  own  ciillocly  :  And  whereas  tlie  rriid  Ca- 
Li)  Coics^  at  the   rcqueiiot  die  laid  Janus  Clinc^  and 

Susan  his  wife,  lojci  out dollars,  part  ol  the  faid 

aiiiiiulics,  and  oui  cl  the  monies  arilhig   thereby,   and 

the  liair  year's   dividend  tiuc  on  the  laid dollars 

annnitie%  as  aloreiaid,  hath  dil'charged  all  the  legacies 
given  t)y  the  laid  tellatrix's  will,  which  are  now  bcr-' 
conit:  due  and  payable,  and  remitted  the  reiiduc  thcre- 

oi,  l3cini^ dollars,  to  the  idid  James  Clinc  and 

Susan  his  wife,  to  difcharge  the  faid  tellatrix's  debts 
and  funeral  expenks  :  And  uhereas  the  faid  James 
Cline  and  Susan  his  wife,  have  not  accounted  lor  the 
money  in  the  tellatrix's  cuftody  at  her  death,  alledging 
that  the  fame  was  given  by  thi:  faid  teilatrix,  before  her 
death,  to  the   laid  Susan  Cline y^  her  daughter,  in  the 

prefence  of  fcveral  perfons  ;   nor  for  the dollars, 

fo  remitted  to  them  by  the  faid  Caleb  Coles  as  aforefaid, 
although  the  fame  was  more  than  fulHcient  to  pay  the 
faid  tellatrix's  debts  and  funeral  expenfes  :  Now  there- 
fore the  condition  of  the  above  written  obligation  is 
fuch,  that  if  the  above  bound  James  Cl'ine^  his  heirs^ 
executors  or  adminillrators,  do  and  fliall  from  time  to 
time,  and  at  all  times  hereafter,  well  and  fufficiently 
fave,  defend,  keep  harmlefs  and  indemnified,  him  the 
faid  Caleb  Coles,  his  heirs,  executors  and  adminillra- 
tors, and  his  and  their  goods,  chattels,  lands  and  tene- 
ments, of  and  from  all  a6lions,  fuits,  coils,  charges,  da- 
mages and  expenfes  whatfoever,  which  he,  they  or  any 
of  them  Ihall  bear,  pay,  fuftain,  or  be  put  unto,  for  or 
by  reafon  or  means  of  the  faid  James  Cline  and  Susatt 
his  wife,  havhig  applied  and  difpofcd  of  any  part  of  the 
pcrfonal  eftatc  of  the  faid  teilatrix  Sally  Stokes,  other- 
^vife  than  by  her  faid  will  is  mentioned  and  declared,  of 
and  concerning  the  fame,  or  for  or  by  reafon  or  means 
of  his  the  fiiid  Caleb  Coles'*  s  having  a6\ed  as  one  of  the 
executors  of  the  faid  will,  and  intermeddled  in  the  faid 
teftatrix''s  eftate,  or  in  any  wife  relating  thereto  :  then, 
&c.  '[44] 


Ue  CONDITION. 

i^rom  a  Grantor,  wbo  bad  in  the  Deed  described  him* 
self  to  be  an  Jleir  at  Law^  and  oj'ivbicb  doubt  bad 
arisen. 

Whereas  by  indenture  of  leafe  and  releafe,  the  leafe 
bearing  date  the  day  next  belore  the  day  of  the  date  of 
the  releafe,  and  the  faid  releafe  bearing  even  date  with 
thefe  prefents,  the  faid  releafe  being  tripartite,  and 
made  or  mentioned  to  be  made  between  the  faid  Peter 
^lince,  by  the  defcription  of  Peter  Quince,  coufin  and 
heir,  and  fole  executor  of  the  iaft  will  and  tellament  of 
Jobn  Evjalt,  late  of ,  in  the  county  of ,  gen- 
tleman, deceafed,  of  the  firil  part ;    Ricbard  Cone,  of 

• ,  broker,  of  the  fecond  part  ;    and   the  faid  Bejija*- 

•min  Boal,  and  Ricbard  Dean,  of  the  third  part ; 
therem  reciting,  that  by  indentures  of  leafe  and  releafe, 

tearing  date  refpcciively,  the and days  of- — , 

and  made  between  the   faid    Richard  Cone,  of , 

iipholstirer,   fon  and  heir  at  law,  of   John  Cone,  then 

late  of ,  barber,  deceafed,  of  the  one  part ;  and 

the  faid  John  Ewalt,  of  the  other  part ;  the  faid  Rich- 

urd  Cone,    in  confideration   of dollars   therein 

jnentioned,  to  be  paid  him  by  the  faid  John  Ewalt,  did 
(grant  and  releafe  unto  the  faid  John  E'^alt,  and  his 
iieirs,  the  melfuage  or  tenement,  and  premifes  therein-* 
after  mentioned,  to  be  thereby  releafed  :  To  hold  the 
fame  unto  and  to  the  only  proper  ufe  and  behoof  of  the 
faid  John  Ewalt,  his  heirs  and  afligns  forever  ;  fubje6l 
to  a  provifo  therein  contained,  for  making  void  the 
jfeme,  on  payment  by  the  faid  Ricbard  Cone,  to 
the  faid  John  Evjalt,  his  heirs  or  alTigns,  of  the  faid 

principal  fum  of dollars,  with  lawful  intereft  for 

the  fame,  at  the  time  therein  mentioned ;  and  further 
reciting,  that  the  i^\iid  John  Ewalt,  wasfince  deceafed, 
having  duly  made  his  laft  w-ill  and  teftament  in  writing, 

bearing  date  the day  of ,  and  appointed  the 

faid  Peter  ^lince,  fole  executor  thereof,  who  had 
d^uly  proved  thq  faiii^  in  th^  regiUcr's  court  for  tlic 


C  O  N  D  I  T  I  O  KL  S47 

«/junty  of ;  and  that  by  indentures  of  Icafe  andre» 

Icafe,    bearing   date  rdpccljvfiy  Uie and 

davs  of lalL  and  made  between  the  faid  Ricburd 

Cone,  of  the  one  part ;  and  the  laid  BcnjiUntn  Jjoaly 
•jiWiX  Richard  Ik  ail,  of  the  other  jxirt  ;  for  the  con- 
iklerations  in  the  fame  indentures  cxpreiVed,  the  faid 
Jiichard  Cont\  did  grant,  releafe,  and  convey  the 
inheritance  and  equity  of  redemption  of  the  faid  medu. 
age  or  tenement  and  preniifes,  fubjccl:  to  the  faid  mort- 
gage, unto  and  to  the  ufe  of  the  laid  Benjatnin  JJoal, 
and    B'lcbard  Dean,    their    heirs,   and   aflijjjns  fore. 

ver,  and  that  the  fum  of doUars,  was  then  due  to 

the  faid  Peter  ^lincc,  as  executor  of  the  faid  Jobji 
Mwa/t,  for  principal  money  and  intercll  on  the  faid  re- 
cited mortgage.  It  is  by  the  faid  indenture  of  releafe 
now  reciting,  vvitneiled,  that  in  confideration  of  the  funn 

of dollars,  therein   mentioned  to   be    paid  by 

the  (liid  Benjamin  Boal  and  Richard  Dean,  to  the 
faid  Peter  Quince,  at  the  defire,  and  by  the  direction 
of  the  faid  Richard  Cone,  in  full  of  all  principal  mo- 
jiey  and  interefl  due  on  the  laid  recited  mortgage^  and 
of  the  fum  of  one  dollar,  therein  alfo  mentioned  to 
be  paid  by  the  faid  Benjatsin  Boa!  and  Riclnircl 
Dean,  to  the  faid  Richard  Cone,  the  faid  Peter 
^/ince,  fo  far  as  regards  the  afiignmcsit  of  the  faid 
jTiort<^ag:e,  but  no  further  or  otherwife,  with  rcfpccl  tq 
the  faid  Peter  Quince,  at  the  requeft  and  by  the  direc- 
tion and  a])pointment  of  the  faid  JRichard  C'Mie,  and 
alfo  the  laid  Richard  Cone,  did  releafe  and  cor.ilrm  uo* 
to,  and  to  the  ufi  of  the  faid  Benjamin  Doal  and 
Richard  Dean,  their  heirs  and  aft'^ns  forever,  all  that 
toft  or  parcel  of  ground,  melTiiage,  or  tenement,  and 
premifes  with  the  appurtenances,  lituate  on ,  there- 
in particularly  dcfcribed,  and  all  dieir  cftate  and  inte- 
refl: therein.  And  whereas  a  donbt  havingf  arifen,  whe. 
ther  the  faid  Peter  Quince,  is  the  heir  at  law  of  the  faid 
John  Evialt,  dcceafed,  he  liiith  tlicrcfore  undcrtakcu^ 


548  CONDITIO  N. 

and  agreed  to  indemniiy  the  faid  Benjaniin  Boat. 
2.i\d  Richard  Lean^  in  iciped  ihtreof  in  manner  here- 
inaittr  mentioned.  Now  iheierore  the  condition  of 
the  above  written  obligation  is  Inch,  that  if  the'  faid 
Benjamin  Boat  aiul  hi  char  a  Dean,  their  heirs  or  af- 
figns,  Ihall  and  do,  horn  limc  totimt,  and  at  all  times 
forever  hereafter,  pe;'.(t  dbi\  and  quit  tiy  hold,  poiftfs, 
and  enjoy  the  faid  iiniiui'.ge  oriei  cnitnt,  and  premifes 
Iiientioned  and  intended,  m  and  by  the  faid  i ceiled  in- 
dentures of  leafe  and  reieafe,  v.hich  faid  releide  is  of 
even  date  herewith,  to  be  releaied  and  conveyed  unto^ 
and  to  the  ufe  of  the  faid  Benjamin  Boal  a^d  Bick- 
crd  Dean,  and  their  heirs  as  aforefaid,  and  every 
part  and  parcel  thereof,  without  any  let,  fuit,  hindrance, 
interruption,  or  denial  whatfoever,  of  or  by  the  Itiid 
Peter  Quince^  his  heirs,  executors,  adminiftrators  or 
affigns,  any  or  either  of  them,  or  any  other  perfon  or 
perfons  whomfoever,  lawfully  claiming  or  to  claim,  by, 
from,  under  or  in  truft  for  him,  them,  or  any  of  them, 
or  by,  from,  or  under  the  faid  John  Eivalt,  deceafed  ; 
and  that  free  and  clear,  and  freely  and  clearly  acquit- 
ted, exonerated  and  difcharged,  or  other  wife  by  the 
faid  Peter  Quince,  his  heirs,  executors  or  adminiflra- 
tors,  well  and  fufficiently  faved,  kept  harmlefs  and  in. 
demnificdof,  fiom  and  againft  all  claims  and  demands 
ii'hatfnever,  of,  fr(^m,  or  by  any  perfon  or  perfons  law- 
fully ciniming  or  to  claim  rhffaid  premifes,  or  any  part 
thereof,  or  any  eftate,  right,  title,  trull  or  intereft  there^ 
in.  or  in  any  part  thereof  by,  from,  or  under  the  faid 
John  £wahy  deceafed  j    then,  &:c. 


fo  perform  an  Order  of  Court  for  the  Support  of  af» 
illegitimate  Child, 

The  condition  of  this  obligation  is  fuch,  That  where- 
as the  faid  Abel  Beck ^  hath  be^n  adjudged  by  the  court 


CONDITION,  iua 

of  quarter  fefllons  for  the  county  of  ,  which  was 

bt\^an   and  holden  at  ,  on  the  day   of  — — 

lall,  to  be  the  reputed  father  of  a  male  bailaid  child, 
which  was  born  of  the  body  of  the  faid  Ann  Bolcn^   on 

the da}'  of lall  pail  ;  and  the  court  did  tlicre- 

upon  order  \_here  insert  the  order  of  courts  or  the 
substance  thereof.^  Now  therefore  if  the  faid  A- 
bcl  Beck,  fliail  well  and  truly  comply  w  ith  and  per- 
form the  faid  order,  and  accordingly  pay  unto  tl.e  laid 
AnnBolen^  towards  the  fupport  and  maintenance  of  the 

faid  child,  the  fum  of ,  \_as  th^  order  may  be"]  ; 

then,   8<.c. 


From  an  intended  Husband  to  the  Trustees  of  his  in* 
tended  IFife^  to  p^y  them  a  sum  of  Money  to  be  ap- 
plied to  her  support  and  maintenance^  in  case  of  ne^ 
cessity  by  losses  in  trade^  ^c. 

\Vhereas  a  marriage  is  intended  to  be  had  and  con* 
fummated,  by  the  ])crraiflion  of  God,  between  tliC  a- 
bove  bound  John  Ilume^  arid  Kitty  Doe,  [daughtcry 
niece ^  ^c.'\  of  ihe  above  mentioned  Enoch  Doe.  And 
whereas  the  faid  Enoch  Doe,  in  confideration  thereof^ 

has  agreed  to  pay  the  faid  John  Hunie^ dollars,  on 

the  day  of  the  faid  marriage,  in  part  of  the  marriage 
portion  with  the  faid  Kitty  Z)ci^,. and  alfo to  enter  into 
and  execute  unto  the  faid  John  Hume^  one  bond  or 
obligation  of  equal  date   herewith,   in  the  penal  fum  of 

• dollars  for  the  fecuiing  the  payment  of  the  faid 

fura  of dollars,  with  interefl,  in months  from 

the  date  of  the  faid  bond,  which  faid dollars,  and 

dollars,  is  to  be  in  full  of  the  faid  marriage  por- 
tion of  the  faid  Kitty  Doe.  And  whereas  in  confidera- 
tion of  the  faid  marriage  and  portion,  and  to  provide  a 
compet-ent  maintenance  for  the  faid  Kitty  Doe,  in  cafe 
of  ioffes  in  trade^  or  other  misfortunes,  during  the  faid 


^50  .CONDITION. 

intended  coverture  ;  and  in  cafe  the  faid  jLitfy  Doc  fhall 
furvive  tlie  fiid  John  Unme^  and  be  not  by  iiim  at  his 
deccafe  odicrwile  better  provided  for,  and  that  Ihe 
fliail  not  be  deftitute  of  a  ncceliaiy  fubhllence  iji  any 
fuch  cafes,  he  the  faid  '[)ohn  liuvu,  has  agreed  to  fe- 
cure  to  the  faid  Kitty  Doc,  notvvithilanding  fneh  co\  er- 

ture  or   furvivorlhip,  the  funi  of dollars  ;  ana    for 

that  purpofe  to  veil  and  pay  the  fame  into  the  hands  of 
the  laid  Enocb  Doe,  and  Giles  Hunt,  m  trull,  to  and 
for  her  fcparate  ufe  and  behoof.  Now  therefore  the 
condition  of  the  above  written  obligation  is  fuch,  that 
if  vhe  fnid  marriage  Ihall  take  citeCl,  and  the  faid  Jobn 
Uume^  his  heirs,  executors  or  adm'n.iitrators,  or  fonie 
of  them,  fliall  and  do  well  ^w(\  truly  pay,  or  caufe  to  be 
|>aid  to  the  faid  Enoch  Doe  and  Giles  Hunt^  or  the  fur- 
vivor  of  them,  or  to  the  executor.-s  or  adminillrators  of 

fuch  furvivor,  the  faid  fum  of dollars,  on  the  day 

next  after  th^  laid  marrias^c  fliall  be  confummated,toand 
for  the  only  proper  and  feparate  ufe  and  behoof  of  tho 
faid  Kitty  Doc,  her  executors,  adminillrators  and  af- 
ltgns»  notv/ithflanding  the  faid  coverture  j  then,  kc. 


On  a  Person's  being  chosen  Treasursr  of  a  Company. 

Whereas  the  above  bound  John  Jones,  is  chofeii 

treafurer  of  the  company  of  — ,  by  reafon  whereof, 

iie  will  receive  into  his  cuftcdy  divers  and  feveral  fums 
of  money,  goods  and  chattels;  of  and  belonging  to  the 
faid  company  i  Now  the  condition  of  the  above  writ- 
ten obligation  is  fuch,  that  if  the  faid  John  Jones,  his 
executors,  or  admini{lrators,atthe  end  of  his  Hud  office, 
or  upon  requeft  to  him  or  them  in  that  behalf  to 
be  made,  \\\^\\  make,  and  p^ive  unto  fuch  auditor 
or  auditors  as  on  that  behalf  flrall  be  appointed  by 
the  faid  company,  or  the  greater  part  of  them,  a  juff 
and  true^accouat,  ia  writing,  of  all  fucbgoodSj  chattels. 


CONDITION,  551 

•ioney  or  otlicr  things,  as  have  or  fliall,  during  hi  s  aid 
appointment,  come  to  iiib  hands,  cullody  or  charj^e,  in 
right  ol  hib  laid  office  of  treat urer,  ana  ftiall  upon  ihc 
laid  account,  pay  and  deliver  over  to  the  next  treafu* 
rer  of  the  ILitl  company,  all  fuch  money,  goods,  (  luit- 
tels  and  moveables,  as  by  the  foot  or  bah. nee  of  tiio 
nrid  account  lliall  appear  to  be  due  and  belonging  to  th® 
laid  company  ;   then,  &c.c. 

ICT  The  obligees  are  ufually  tiie  two  oldeft  members* 

To  pay  a  Person  vj ho  shall  help  another   to  a  JVifd 
ivith  a  good  J'oi  lunc 

Whereas  the  above  named  Bion  Beam^  hath  propo* 
fed  a  marriage  between  the  ubove  bound  .'iZ?t7  App,  and 
Ms t her  lulesy  which  the  faid  Abel App^  doth  approve 
of,  and  hath  dehred  the  faid  Bion  Btcjin,  to  ufe  his  in- 
terell  and  endeavors  for  efic6\ing  rhe  faid  intended  mar* 
riage,  and  in  conlideration  of  his  pains  and  fervice 
therein,  the  faid  Abel  App^  hath  promifed  and  doth 
hereby  agree  to  pay  and  i>;ive  to  the  laid  Bion  Beam^ 
as  a  gratuity,  the  fum  of  Jive  dollars,  for  and  upon  eve- 
ry hundred  dollars  of  the  eftate  or  fortune  ot  the  laid 
Msthcr  Edes^  which  the  faid  Abel  App  fliall  receive 
with,  or  Ihall  be  inlitltd  unto  by  his  marriage  of  the 
faid  Esther  Ldes^  w  hen  the  fame  ftiall  be  cor.fummat- 
ed.  Now  the  condition  of  the  above  written  obliga- 
tion is  fuch,  that  if  the  faid  marriage  between  the  laid 
Abel  App,  and  the  faid  Esther  Edcs,  lliall  take  efled, 
then  if  the  h\(\  Abel  App,  do  and  ihall  well  and  truly 
pay,  or  caufe  to  be  paid,  unto  the  faid  Bion  Beam,  the 
laid  fum  of^^^yd"  dollars  for  and  upon  every  hundred  dol- 
lars of  the  ellate  or  fortune  of  the  faid  Esther  Edes^ 
which  he  the  faid  Abel  App^  fiiall  fo  have  and  receive 
with,  or  be  irititled  unto,  by  fuch  his  marriage  of  the 
faid  Ivsther  Edes,  as  a  gri'.tui'y  as  aforefaid,  arcordiiig 
to  the  true  meaning  of  thefe  prefeuts  \  then,  8n.c,. 


352  CONDITIO  N. 

For  a  Journeyman' s  FideHtyi 

The  condition  of  the  above  obligation  is  fiich,  That 
if  the  above  bound  Jacob  JVeb^  do  and  fliail  durin.g  his 
continuance  in  the  phice  and  degree  of  a  jouineyman, 
to  them  the  (aid  Iknry  Hack,  and  John  Jones^  caremiiy 
and  diligently  employ  himfelf,  and  ufe  his  bell  endea- 
vors in  the  laid  office  and  degree,  and  do  once  every 
week  weekly  (or  oftener  if  thereto  required)  during  his 
continuance  therein,  make  up  and  give  unto  them  the 
faid  Henry  Hack  and  John  Jones,  their  executors,  ad- 
miniftrators  or  affigns,  a  true,  juft  and  perfe6l  account 
in  writing,  at  the  melTuuge  or  tenement  of  them  the 

faid  Henry  Hack  and  John  Jones,  fituate  in afore- 

faid,  of  all  Inch  fum  and  fams  of  money,  goods  and 
commodities,  of  or  belonging  to  them  the  faid  Henry 
Hack  and  John  Jones,  which  by  any  ways  or  means 
whatfoever,  fliall  come  to  the  hands,  charge,  cuftody, 
or  poirefiion  of  him  the  Md  Jacob  JFeb,  and  like  wife  do 
and  ihai!  from  week  to  week  on  the  Monday  in  every 
•week,  weekly,  or  oftener  if  thereto  required,  at  the 
place  aforelaid,  fatisfy  and  pay  unto  them  the  faid 
Henry  Hach  and  John  Jones,  their  executors,  admini- 
•Rrators  or  afiigns,  ail  fnch  fum  and  fums  of  money  due 
or  any  ways  belonging  unto  them  the  faid  Henry  Hack 
and  John  Jones,  their  executors,  adminiftrators  or  af- 
figns, v.-hich  he  the  faid  Jacnb^  IVcb  Ihall  have  received 
of  any  perfon  or  perfons  whomfoever  ;  and  further,  if 
the  faid  Jacob  Web,  Ihall  not  depart  from  the  fervice  of 
them  the  faid  Henry  Hack  and  John  Jones,  their  exe- 
cutors, adminiftrators  or  affigns,  before  fuch  payment 
and  fatisfoaion  iliail  be  made  and  given  by  him  the 
faid  Jacoh  Jfeb,  unto  them  the  faicl  Henry  Hack  and 
John  Jones,  their  executors,  adminiftrators  or  affigns, 
of  all  fuch  goods,  arrearages,  debts,  fum  and  fums  of 
money  in  which  he  the  faid  Jacob  JVeb  fball  be  found 
to  be'  indebted  unto  them  the  faid  Henry  Hack  and 
John  Jones,  their  executors,  adminiftrators,  or  affigns, 
©rany  of  them  ;  then,  Sf.c, 


CONDITION.  as^ 

To  marry  a  JFoman^  or  in    default  thereof  to  pay  a 
sum  of  Money, 

The  condition  of  the  above  obligation  is  fuch,  ThaC 
if  trie  ab:)ve    bounden  Amos  Btlt,  do  on  or  bcibrc   the 

day  of next,  lawliiiiy  efpoufe  and  marry  A'-* 

I'lza  Doe,  diiii^hter  of  tnc  faid  iAiLeb  Doe^  if  the  faid 
Jll'iza  D  yj  wiil  th^'-rjuMto  coifent ;  or  if  it  (hall  happen 
that  the  fciid  Amns  Ilcli  \\\x\\  n;)t  marry  and  take  to  wife 
the  faid  Eliza  Doe  as  aforefaid,  if  then  the  faid  Abel 
i?t^//' do  and  Ih^ili  '.veil  and  truly  pay,  or  canfe  to  be 
paid,  unto  th'.  1-iid   Eliz  i  D(n\  h.-     executors,  admin- 

iftrators  or  ani|j;ns,  the  fum  u'i dollars  on  the 

day  of  noLi  enfuini^  the   faid  day  of « 

above  mentioned,  and  limited  for  ttie  faid  marriage  ^ 
then,  Sec. 


^0  permit  an  intended  Wife  to  enjoy  ber  onvn  personai 
estate^  and  to  buy  and  sell  Goods ^  i^c.for  her  use^^c. 

W^iereas  a  marriage  is  intended,  by  the  permiiTion 
of  God,  to  be  Ihortiy  had  and  confummated  bv  and  bcsjk 
twecn  the  above   bound  Ab:-l  Hoiv,  and    Betsy  Ott„ 

dauc^hter  of  iSjw/Zc.'/ 0/^,  of .     Now  the  conditioa 

of  the  above  written  obligation  is  fuch,  that  in  cafe  the 
faid  intended  marriage  fliall  take  effect,  then  if  the  faid. 
Abel  Hoiv,  lliall  and  do  from  time  to  time,  and  at  all 
times  then  after,  permit  the  faid  Betsy  Ott^  his  intend* 
ed  wife,  peaceably  and  quietly  to  have,  hold,  occupy^ 
poffcfs  and  enjoy  in  at  full  and  ample  manner,  as  flic  th© 
faid  Betsy  Oft  now,  or  at  any  time  before  the  execut- 
inijj  hereof,  hath  or  doth  hold,  occupy,  poflefs,  enjoy, 
and  difpofe,  as  well  of  all  her  the  faid  Betsy  Oft^s  rea** 
dy  monies,  bor  .Is,  notes  and  all  other  fecuritics  for  mo^ 
ncy  whatfoever,  as  alfo  all  her  plate,  rings,  jewels, 
Ijoufehold,  and  all  other  her  goods,  dUaUels  i^n<^  V^^i% 

[45] 


354  CONDITION. 

nal  eftate  t\'hatfoever,  and  of  what  nature  and  kind  fo- 
ever,  whereof  or  wherein  Ihe  the  faid  Betsy  Ott^  now 
is,  or  at  any  tune  during  the  intended  coverture,  lliall 
in  her  own  right  be  a6lually  pofieifed  of,  interciled  in, 
or  intided  unto,  or  v/hich  Ihe  Ihali  have  or  accumulate 
by  trade  or  indullry,  or  which  fliall  by  any  of  her  re- 
lations or  friends  be  given  or  devifed  to  her  ;  and  alfo 
tlo  and  Oiall  allow,  permit  and  fuiTer  her  the  faid^^;^^ 
Ott^  to  buy,  fell,  bargain,  pay  and  receive  in  her  own 
name,  and,  if  occafion  requires,  fhall  allow  and  confirm 
all  fuch  receipts  and  acquittances,  as  fhe  the  faid  Betsy 
Ott^  fliall  give  or  make  during  her  faid  intended  co- 
verture ;  and  alfo  if  the  faid  Abel  How,  do  and  fliall  at 
tall  times  hereafter  allows  permit  and  fuffcr  her  the  faid 
JBetsy  Qtt,  to  fell  anddifpofe  of  all  and  lingular  her  ef- 
fects, goods,  chattels  and  perfonal  eilate,  of  what  na- 
ture or  kind  foever  and  wherefoever,  by  any  deed  or 
"ivriting,  or  by  her  laft  will  and  tellament  in  writing,  to 
«ny  perfon  or  perfons  whomfoever,  notwithftanding  her 
Intended  coverture  ;  and  alfo  if  the  faid  Abel  How, 
ihall  not  do,  or  caufe  to  be  done,  any  at!,  matter  or 
thing,  whatfoever,  whereby  or  b}*  means  whereof  the 
faid  perfonal  eflate  of  her  the  faid  Betsy  Ott,  or  any 
part  thereof,  fliall  or  may  be  any  ways  impeached, 
charged  or  incumbered  in  an}'^  manner  howfoever,  or 
•ivhereby  or  by  means  whereof  the  faid  Betsy  Ott,  fliall 
or  may  be  in  any  wife  hindered  or  molefted  in  the  qui- 
et and  peaceable  poflefiion  and  enjoyment  thereof,  or  in 
the  quiet  vending  and  difpofing  thereof,  and  of  every 
part  thereof,  by  fuch  her  deed,  writing,  or  will,  as  a- 
forefaid  ;  then  and  in  fuch  cafe  the  above  written  obli- 
gatien  Ihall  be  void  and  of  no  effe^,  othcrwife,  &c. 


m 


ipONDITION.  5^^ 

Conditions^  of  Sale, 

I.  That  the  highcll  bidder  fhall  be  the  buyer  :  and 
if  any  dlfpute  arile  as  to  the  lall  or  bell  bidder,  the  lot 
in  dilpute  lliall  be  put  up  at  a  former  bidding. 

IL  That  no  perfon  fliall  advance  lefs  at  any  bidding 
than  — [or  than  sucbsiuu  as  shall  be  named  by  the  auc- 
tioneer at  the  timc'j  or  retract  hii,  or   her  bicWins^.j- 

III.  That  every   purchafer  fliall  immediately   pay 

down  a  depofite  in  the  proportion  of for  e\  ery 

€Tie  hundred  pounds  ^oi  his  or  her  purchafe-money,  into 
the  hands  of  the  auctioneer^  [or,  agent  of  the  vendor  ;~\ 
and  r:gn  an  agreement  for  payment  of  the  remainder  to 

the  p  oprietor,  on  the  day   of day  of  ■ next, 

at ,  at  which  time  and  place  the  purchafes  are  to 

be.  completed,  and  the  refpedHve  purchafers  are  then 
to  h.ive  the  aclual  pofleffion  of  their  refpc6live  lots  ; 
all  outgoings  to  that  time  being  cleared  by  the  vendor. 

IV.  That  within from  the  day  of  the  fale,  the 

vendor  fliall,  at  his  own  expenfc,  prepare  and  deliver 


*  If  printed  conditions  are  pasted  up  in  tl\e  auction  room,Mhcre 
they  muy  be  seen,  tiicy  will  be  biuciiiit^-  on  the  purcluiser,  although 
he  did  not  see  them.     3-A.-/.'.  Ca.  271. 

t  A  bidding  sit  a  sale  by  auction,  liuiy  bd  countermanded  at  any- 
time before  the  lot  is  actually  knocked  down  :  (o  Term  7.'r/..l48,^ 
because  the  assent  of  both  parties  is  uecessary  to  make  the  con- 
tract biudinj^  ;  that  is  signified  en  th.e  part  of  the  seller,  by  knock- 
iiit^  down  the  hamnicv.  Every  bidding  is  nothing  more  th  iii  au 
ofteron  one  side,  which  is  not  binding  on  either  side  till  it  is  as- 
sented to.  If  a  bidding  was  binding  on  the  bitlder,  before  the  iiatn- 
meris  down,  he  woidd  be  bound  by  his  ofier,  and  the  vcndoi* 
^vould  not,  which  can  never  be  allowed.  'Tis  therefore  advi.-^..  olo 
to  stipulate  in  the  conditions  of  sale,  that  no  person  shall  iciract 
their  biciditigs,  as  the  countermand  of  a  bidding  niiglit  in  som© 
c-iscs,  be  of  die  roost  serious  consequeuces.     '^'t  iSu^dcny  25. 


55(5  CONDITION. 

an  iibftraSt  of  hi:,  title,  to  each  purchafer,  or  his  or  her 
attorney  ;  And  ihall  deduct:  a  good  title*  to  the  lots  fold. 

V.  That  upon  payment  of  the  remainder  of  tlic  pur- 
chafe  money  at  the  tmie  above  mentioned,'  tlie  vendor 
ihall  convt )  the  lots  lo  the  reTpt  c'tive  put  chafers  :  t  iich 
purchafcr^cU  his  or  her  on  n  exptnfc,  to  prepare  the  eon- 
v^yj.ice  to  him  or  her  ;  and  to  tender  or  iedve  the  Inm© 
at for  execution  by  the  vendor. 

VI.  That  if  any  of  ttie  purehrviers  ll-iall  negV^  or 
fail  to  comply  with  the  above  conditions,  his  <ii  her  de- 
polite'-money  flial:  be  y6luiiliy"foifeited  to  the  vendor, 
ivho  fhall  be  at  full  liberty 'to  re-iell  the  lot  or  lots 
bought  by  him  or  her,  either  by  ])ublic  aiiCiion,  orpri-, 
vate  conti  aft  ;  and  the  deficiency  (if  any)  occafioned  by 
fuch  fecond  fale,  together  ^\ith  all  cxpenfes  attending 
the  fame,  fliall  immediately  after  the  fame  fale,  be  ma<le 
good  to  the  vendor  by  the  defaulter,!  at  this  prefent 
fale  :  and  in  cafe  of  the  non-payment  of  the  fr^me,  the 
whole  thereof  fliali  be  recoverable  by  the  vendor,  as 
and  for  liquidated  damages. 

LaftiV.  That  if  any  miftakebe  msde  in  the  defcrip- 
tion  of  thepremifes,  or  any  other  error  vhatever  ll'sU 
appear  in  the  particulars  of  the  eftate,  fuch  miftake  or 
error  fliall  not  annul  the  fale  ;  but  a  compenfittion  or 
equivalent,  fliall  bt  given  or  taken,  as  the  cafeinay  re- 
quire. 

*  Where  tlie  estate  is  leasehold,  and  the  ver.dor  cannot  produce 
the  ^cr^cr'^  'i'!e-,  this  condition  should  no  on  thns  :  '»tothe  lease 
granted  of  the  pren-iises;  bur  the  purchaser  shall  not  be  entitled 
to  requirei  or  c-.'Ji  for  the  title  cf  tlie  lessor." 

t  This  condition  ehould  never  be  omitted — it  forms  alien  on  the 
«sti-te  ioi  the  purchase  n.oney,  Sec.  and  if  t'^.e  purchaser  do  not 
comply  with  the  coruitions,  the  vendor  may,  by  virtue  of  this  sti- 
puh.tion,  re-sell  the  estate,  and  recover  the  deficiency  and  charges 
from  the  purchtser  :  And  if  the  money  produced  by  the  second 
rale  exceed  the  original  purchuse  money,  the  purchaser  who  has 
violated  the  ayreement  will  not  be  entitled  to  the  surplus  ;  but  th<* 

^enUor  himself  ^vill  be  eatitlea  to  i-etitia  ij^    ^ii^^dc?i,  2,^ 


CONDITION.  35^ 

Condition  to  be  inserted  vjbere  the  Title-deeds  cannot 
be  dclhcred  up' 

That  as  the  title-deeds  which  concern  this  eflate, 
relate  to  uthcr  cfltites  ol"  greater  vakie,  the  vendor  iliall 
retain  tlic  lame  in  his  cuJtody,  and  enter  intoth«  ulual 
covenants  (to  bt  prepared  by  his  attor,ney  and  at  his 
expenfe)  lor  the  produClion  of  them  to  the  rcfpeclive 
pnrchalei  6  :  but  ail  attelled  copies  which  may  be  re- 
quired ol  luch  deeds,  Ihall  be  iiad  and  made  at  the 
expenfe  of  ilie  peribn  requiring  the  fame. 

JFhere  an  estate  is  intended  to  be  sold  in  lots^  and  the. 

tule-accas  are  to  be  de/iDered  up,  t/je/ui/u\vi?ig  con^ 
■   ditiun  may  be  inserted  : 

Tnal  as  tlieaibrefaidlots  are  holden  under  the  fan\e 
title,  tne  puachafer  of  tiiehirgeft  of  the  faid  lots  fliall 
have  the  cullod}  ol  the  title-deeds,  upon  his  e.Uering 
iiuo  tiie  ufual  covenants  for  tne  production  thereof  to 
the  purclialeroi  purchafers  of  the  remaining  or  other 
of  tlic  faid  lots  :  fuch  covenants  to  be  prei)ared  by  and 
at  tne  expenfe  of  the  perfon  or  perfons  requiring  the 
fame  ;  v.  ho  may  have  attelled  copies  of  fuch  deeds,  at 
his,  ucr,  or  their  own  expenfe. 

JVbere  the  property  is  considerable,  it  may  be  ad'uisen^ 
able  to  make  a  stipulation  as  fo  the  expense  of  the 
attested  copies,  according  tn  the  liulue  of  the  lots, 
Ai  for  instance  : 

That  all  attelled  conies  of  the  title -deeds  (liall  be 
made  and  dclivere(j  at  the  expenfe  of  the  pcrfcn  re- 
qutiring  the  fame,  unlefs  his    or  her   purchafe-money 

exceeds ,  but  does  not  amount  to ,  in  uhich 

eafe  the  vendor  ihall  furnifli  the  attefted  copies  of  all 
fuch  deeds  and  writings  as  Ihall  be  deemed  necelTary, 
according  to  profefiional  ufage,  at  the  joint  expenfe  of 
him  and  "the  purehafer  ;  and  if  thepurchafc-moncy  ex- 
ceeds   the  vendor  Ihall  furniih  the  fame  lU  his 

•wu  expenfe^ 


55i§  C  O  N  D  I  T  I  O  Nt 

tcT'  Where  it  is  underflood,  at  the  time  df  a  fale, 
that  the  vendor  has  ou-y  a  aoubtful  title,  a  provifioiial 
claiiie,  CO  the  ioiloxyin;^-  effect,  ni;ji;Ut  be  inlcrted  lu  the 
conditions  of  idle,  and  articicb  of  |mrchale  :  *'  'Ihi-it  if 
the  couiirel  of  the  pureiiifci  ihali,  on  the  exaiuiuati- 
ou  of  Uic  laic,  be  of  opinion,  that  a  good  tjtie  and  con- 
veyance c  1!  vf  :,.aade  of  the  purchafed  premifes, 
•withiti  the  iiiw:  tinii  ed  by  the  articles  tor  the  carry- 
ing the  fame  into  execution,  in  ihat  cafe  th,*  fume  ar- 
tic'cs  Ihaii  b--  difcharged,  and  not  further  proceeded 
in  Oil  either  fide.'* 

It  feems  advifeable  to  have  two  fets  of  conditi- 
ons ;  at  the  end  of  one  of  which  may  be  printed  an 
agreement  for  the  aut\ioneer,  or  agent  of  the  vendor 
to  iign  ;  and  at  the  end  of  the  other  may  be  printed  an 
agreement  for  the  purchafer  to  fign — thus  : 

Tbe  agreement  to  be  signed  by  the  auctioneer  or  agent 
of  the  'oendor,  may  be  thus  : 

I  do  hereby  acknowledge  that  Abel  Blotiy  has  been 

this  day  declared   the  purchafer  of  lot ,  of  the  ef- 

tatcs  mentioned  in  the  above  written  particulars,  at  the 

ium  of ;  and  that  he  has  paid  into  my  hands 

as  a  depofite,  and  in  part  payment  of  the  faid  purchafe 
money  ;  and  I  do  hereby  agree,  that  the  vendor  fliall, 
in  all  refpe6ls,  fulfil,    on  his  p.irt,   the  above  written 

conditions  of  fale.    As  witnefs  mv  hand,  this day 

cf . 

Purchafe- money      % 
Depofite- money       g 

Jlemainder  unpaid  % 

Wituefs, 


CONDITION.  esa 

The  purchaser  ffhiy  sign  thefoiioiving  agreement : 

I  do  iKjreby  acknowledge,  that  1  have  this  day   pur* 

chaf-^d  by  public  auction,  lot oi"  ihe  cilatts  inenti* 

OIK  d  in  the  above   v\ritten  particulars,  for    the  ium  of 

;  and  have  paid  huo  the  hands  of ,  the  fuiu 

of ,  as  a  depolite,  and  in  part  payment  of  th.    faid 

purchafe  money  ;  and  1  do  hereby  agree  to  pay  the 
remair.ing  fum  of ,  unto , ..; ,  on  or  be- 
fore the day  of ;   and  in  all  other  !cfpe6\s,  oa 

•my  part,  to  fulfil  the  above  written  conditions  of  fale, 
j6iS  vvitnefs  my  hand,  this  ,. —  day  of 

Purchafe-money  g 
Dcpofite-nigney    S 

Remainder  unpaid  S 
Witnefs, 

ICT"  It  is  generally  undcrftood,  that  fomeperPon  will 
bid  on  the  part  of  the  owner  ;  and  it  therefore  Items  to 
deferve  confideration,  whether  it  would  not,  in  moll 
cafes,  be  advifeable  to  give  public  notice  of  the  owner's 
intention, previoufly  to  the  fale.  \\  here  public  notice  is 
given,  the  mode  leaft  liuble  to  objt6iioii  feems  to  be 
that  of  referving  a  bidding,  or  ftipulating  in  the  condi- 
tions of  fale,  that  the  owner  may  bid  once  in  the 
eourfeofthe  fale.  It  may  here,  however,  be  proper  to 
obferve,  that  buying  in  aMedare,  cfpeciallv  where  it  is 
done  without  public  notice,  moilly  prejudices  a  future 
fale.     See  Sugden  19. 

It  frequently  happens  that  eftates  advertifed  to  be  fold 
by  aucflion,  are  fold  by  pri\ate  contra6\,  inftead  of  be- 
ing brought  to  the  h:\mmer,  and  rhe  fale  is  not  announ- 
ced to  the  public  till  the-  dijy  fixed  for  the  auction,  and" 
^>ven  fometimcsi  not  till  the  liu^lioneci  's  appearance  iu 


560  C  O  V  E  NAN  T.      ■ 

his  pulpit.  Such  aproceedini^  evidtBtl}'-  calls  for  onie 
rcraedy  ;  and  it  is  coiiccivca,  that  w  ere  any  perlbii 
having  a  bona  fide  intention  to  buy  the  eftate',  -has  been 
put  to  e:?tpenie  in  attending  at  the  place  appointeti  lor 
the  Tale,  he  may  fuilain  <xvi  a6\ioa  for  damages  agairill 
the  vendor,  or  againil  the  auctioneer,  if  he  rel'uie  to  dif.^ 
clofe  the  naniv::  of  his  principal ;  for  notice  of  an  intend- 
ed fale  by  auclion,  feems  to  be  a  contracl  with  all  the 
world,  and,  if  fo,  the  owner  cannot  countermand  the 
liile,  and  fell  by  private  contract. 

To  prevent  this  quellion  arifing,  it  flioukl  be  ftated 
in  the  advertifements,  that  the  eftate  wili  be  fold  by  auc- 
tion at  the  place  and  time  fixed  upon,  unlefs  prevjoufiy 
fold  by  private  contrail  ;  in  which  cafe  notice  of  the 
fale  Ihall  be  immediately  given  to  the  public.  See 
Burden  20; 


Col)euant 


A  Deed  of  CoTi  en  ants  bctioeen  a  Debtor  ond^j'is  Credi- 
tors^ vjbereby  he  assigtis  oner  all  J/is  estate  fbciii^ 
all  personal  J  to  t-roo  of  thcm^  in  trust  for  themsehes 
and  the  other  Creditors^  in  order  to  be  distributed 
among  them  according  to  the  quantum  of  their  debtSy 
to  Sa'oe  taking  out  a  commission  of  bankruptcy. 

This  indenture,  made  the da}""  of ,  between 

Adam  App,  of of  the  one  part,nnd  Bion  Bell  zx\(X 

Caleb  Cain,  of— —  (two  of  the  creditors  of  the  faid 
Adam  App,  as  well  for  and  in  behalf  of  themfclves,  as 
of  all  other  the  creditors  of  the  faid  Adam  App,  who 
liiave  hereunto  fu  bfcribed  and  fet  their  hands  and  feals) 


COVENANT.  «61 

r,r  the  other  part.  Whereat  the  i^d'id  .4 dam  App  is 
«nd  iUndeth  indebted,  and  doth  owe  unto  tlie  laid  B.otk 
Hell  and  Caleb  Cairiy,  and  othtr  his  lliid  creditors,  the 
feveral  debts  and  funis  of  money  in  the  iehedule  here- 
under written,  :intit^cdthe  firll  iehedule)  particularly 
mentioned,  w-hich  he  is  not  at  prelent  capable  to  pay 
and  latisfy  :  And  whereas  the  laid  Mam  App^ 
being  willing  and  ddirous  to  jniy  and  fatikfy  the  laid 
Bioii  Bell  iiixd  Caleb  Cam,  and  other  his  faid  ci editors, 
their  laid  relpedive  debt>.,ib  far  as  his  houfchold  goods, 
credits,  and  other  pcilbnal  ellute  will  amount  unto  and 
extend,  did  in  order  thereunto,  at  a  meeting  of  his  faid 

credito'*-,  on  the  day  of iiis(a7it,  produce  and 

Inv  before  them  ;i  jull  and  true  account  of  all  his  goods, 
chattels  and  credits,  amd  other  perfonal  elhite  whereof 
he  was  then  poifelfed,  or  any  ways  intitled  unto,  and 
then  propofed  to  make  an  allignnR-nL  thereof,  uino  and 
amoni;(l  his  faid  creditors,  for  and  towavdi  payment 
and  fatisfa^lion  of  their  faid  debts,  which  laid  account 
is  in  the  other  fchedule  hereunto  underwritten,  (inti- 
tled the  fccond  fchcdulc)  particulur-ly  mentioned  .md 
exprelfed  ;  and  as  to  the  truth  and  reality  of  the  faid  ac- 
count, the  l\ud*Jdnm  App  hath  before  the  executing 
hereof,  made  an  aflidavit  before ,  one  of  the  jud- 
ges of  the  court  of  common  pleas  for   the  county  of 

,  whercupou  the  faid  feveral  creditors  having  con- 

fidered  the  circumllances  and  condition  of  the  faid 
Adam  App,  and  from  his  free  confcflion  and  full  dif- 
covcry  of  his  fiid  perfonal  eilate  and  eff.iSls,  and  his 
rcadinefs  to  make  over  the  fame  towards  payment  of 
his  faid  debts,  and  that  he  is  no  ways  capable  to  mike 
or  give  them  anv  farther  or  blotter  fatisfa6\ion  and  paV" 
mcnt,  thAU  by  and  with  the  faid  houfehold  goods,  cre- 
dits, tnd  other  the  perfonal  eft  ate  of  the  faid  Adam  Appt 
in  the  faid  fecond  fchedule  mentioned,  thev  have  con- 
fcnted  and  agreed  to  accept  and  take  an  alTi«:nrir'"  of 
the  fame  in  the  naixies  of  the  faid  J^iou  Bell  and  Calclf 

[40] 


$62  COVENANT. 

Cain^  intruflas  v.cll  for  themfelves  as  for  all  other  the 
creditors  of  the  faid  Adam  ylpp^  in  full  payment,  fatis- 
ia^iion  and  dilcharge  of  the  faic.  feveral  cicbti)  anci  fii.ma 
of  money  fo  to  them  ckie  and  owing  by  and  from  the 
faid  Adam  Appt  in  the  proportions  according  to  the 
quantum  of  their  refpeclive  debts.  Now  this  indenture 
witneilcth,  that  for  the  intent  and  purpofe  aforefaid, 
the  faid  Adam  App,  hath  bargained,  fold,  affigned  and 
■fet  over,  and  by  thefc  prefents  doth  fully,  freely,  clear- 
ly, and  abfolutely  bargain,  fell,  affign  and  fet  over  unto 
the  faid  Bion  Bell  and  Caleb  Caitu  at  and  by  the  nom- 
ination and  appointment  of  all  the  other  creditors  of 
the  {t\dAdam  App,  (telUried  by  their  figning  and  feal- 
ing  of  thefe  prefents)  all  and  every  the  houlchold  goods, 
credits,  fum  and  fums  of  money,  and  other  the  perfonal 
cftateand  cffe6lswhatfoeverof  himthefaid  Adam  App^  \\\ 
the  faid  fecond  fchedule  hereunder  written,  particular- 
ly mentioned  and  expreffed.  And  all  the  eilatc,  right, 
title,  intereil,  property,  claim,  and  demand  whatfoever, 
both  at  law  and  in  equity  of  him  the  faid  Adam  App, 
of,  in,  and  to  the  fame,  and  of,  in,  and  toevery  part  and 
parcel  thereof;  to  have,  hold,  receive,  take  and  enjoy 
the  faid  houfehold  goods,  credits,fum  and  fums  of  mo- 
ney and  other  the  perfonal  eftate,  in  the  faid  fecond 
fchedule  hereunto  annexed  particularly  mentioned, 
Tind  hereby  intended  to  be  afiigned  unto  the  faid  Bion 
Bell  and  Caleb  Cain,  their  executors,  adminiilrators 
Jind  affigns  :  In  truil  as  well  for  themfelves,  as  for  all 
<:>ther  the  creditors  of  the  faid  Adam  App,  who  have 
3iereunto  fubfcribed  and  fet  their  hands  and  feals,  their 
refpeSive  executors,  gdminldrators  and  affigns,  in  e- 
qual  proportions,  according  to  the  quantum  of  their  re- 
fpeclive debts.  And  the  faid  Adavi  App,  for  the  con- 
fideratioHS  aforefaid,  hath  made,  ordained,  conflitutedL 
and  appointed,  aod  by  thefe  prefents  doth  make,ordair3 
■conflitute  and  appoint,and  in  his  place  and  ftead,put  the 
(kid  Bien  Bellixn<X  Cakb  Cain,  his  true  and  lawful  at- 


COVENANT.  3G^. 

torney  and  attoriiics  irrevocable,  jointly  and  fcvcrally, 
for  and  in  the  imiiiL-  of  him  tiic  laid  AdaniAjjp^in  odier- 
wife,  to  fell  and  difpofe  of  the  faid  houfehoid  i^oods  and 
cffctts,  and  alfo  to  alk,  demand  and  receive  of  and  Itom 
the  fc  vera  I  pcrfons  in  the  faid  fccond  fchedulc  njuiitd, 
their  refpctlive  heirs,  executors  and  adminillrators,  the 
fcVw-ral  fum  or  furns  of  money  tlierein  mentioned,  to  be 
due  and  owmg  Irom  thc;n  refpeclively  to  hini  the  'aid 
Adam  App^  and  upon  receipt  thereof  or  any  part  there- 
of to  j;ive  fuch  acquittaiiccs  or  other  difcharges  for  the 
fame,  as  ihall  be  needful  and  rccjuifite,  and  in  cafe  of 
non-payment  thereof,  or  of  any  part  thereof,  to  ufe  fucli 
lawful  ways  and  means  for  the  recovery,  {getting  and 
obtaining  the  fame,  as  the  Lid  BiuJi  Btll  ii\\(\  Caleb 
Catn^  jointly  or  feverally  Ihall  think  proper,  or  fliall  ia 
fhat  behalf  be  advifed  :  And  the  faid  Adum  App,  doth 
hereby  give  and  grant  unto  the  faid  attornies  jointly 
and  feverally  his  full  and  ablolute  power  in  the  premi- 
fes,  both  for  receiving  and  .lifcharging  of  the  fame,  and 
doth  likewife  hereby  ratify,  conlirm,  and  allow  all  and 
tvhatfoever  his  faid  attornies  jointly  or  feverally  fliall 
lawfully  do,  or  caufe  to  be  done  in  and  about  the  prc- 
niifes,  by  virtue  of  thcfc  j)rtfcnt5,  and  of  the  power  and 
authority  hereby  given  them,  au  firm,  valid,  and  effec- 
tual, taall  intents  and  purpofcs,  as  if  the  faid  Adam  App 
was  perlbiialiy  prefent  and  actually  did  the  fame  in  his 
own  peribn.  And  tlic  faid  Adam  App,  for  himfi-lf,  his 
cx«cutors  and  adminiRrators.  doth  eo\  enant,  promife 
and  agree  to  and  wltli  the  faid  Bion  lull  and  Caleb 
Cain,  their  executors,  adminillrators  and  afligns,  that 
all  a?Kl  every  the  fum  and  fums  of  mom  y  in  the  faid  fc- 
cond  fchedule  mentioned  to  be  due  and  owing  to  him 
the  faid  Adam  4p/),  is  and  now  are  due,  owuig  and 
Handing  out  to  hina  the  i'did  Adam  App  by  a-idiVoni 
the  fevcral  perfons  therein  named,  and  that  he  hath 
not  received  Uie  fame,  or  any  of  them  ;  neither  will  he, 
his  exccutoib  or  adminillrators,  at  any  time  hereafter 


564.  C  O  V  E  N  A  N  T. 

receive  the  fame,  or  any  of  them,  ifnlefs  it  be  at  the  re- 
(^Lieft  ain.l  by  the  dircdioa  of  the  faid  Bion  Bell  and  Ca- 
leb Cain,  iJ])on  the  trufts  herein  before  declared,  and 
that  he  the  faii  Jdam  App,  liia  executors  or  admini-. 
llrators,  Ihail  not  nor  will  rcleafc  or  difchargc  any  fuit 
or  atlion,  that  fhaii  or  may  be  brought  or  commenced 
in  his  name  for  recovery  ol  any  of  the  faid  fums  of  mo- 
ney, uniefs  it  be  at  tlie  like  rcqueft,  and  by  the  hke  di- 
redJonof  them  the  faid  Bion  Bell  and  Caleb  Cain,  or 
one  of  them  :  And  this  indenture  further  Avitneffeth^ 
and  the  faid  Bion  Bell  and  Caleb  Cam,  as  uell  for 
themfelves,  their  executors,  admiiuftrators  and  affigns, 
asalfo  for  all  other  the  creditors  of  the  faid  Jdam  App^ 
who  have  hereunto  fubfcribed  and  fet  their  hands  and 
feals,^their  feveral  executors,  adminiftrators  and  affignsij, 
do,  and  each  of  them  doth  feverally  covenant,  promrfe 
and  agree  to  and  with  the  faid  Adam  App,  his  execu- 
tors and  adminiftrators,  by  thefe  prefents,  that  they  th© 
faid  creditors,  and  each  of  them,  for  his  and  her  part, 
Jhall  accept  and  take  the  faid  houfehold  goods,  credits, 
fum  and  fums  of  money,  and  other  the  effects  and  per- 
gonal eftate  of  the  faid  Adam  App,  in  the  fecond  fche- 
dule  hereunto  annexed  mentioned,  and  hereby  intend- 
ed to  be  affigned,  in  full  payment,  fatisfa(:\ion  and  dif- 
charge  of  the  faid  feveriil  and  refpeftive  debts  to  them 
refpeclively  due  and  owing  in  the  faid  firft  fchcdule 
hereunder  written  mentioned  ;  and  that  they  the  faid 
creditors,  and  each  and  every  of  them,  from  and  after 
the  execution  of  thefe  prtfents,  fliall  and  will,  upon  the 
requeit,  and  at  the  coil  and  charges  of  the  faid  Adam 
App:  his  executors  or  adminiftrators,  dnlyfeal  andex- 
cciijte  unto  him  and  them  general  releafes,  or  other  fuf- 
ficient  difcharges  of  all  a6\ion8,  accounts,  covenants, 
debts  and  demands  whatfoever,  from  the  beginning  of 
the  world  to  the  day  of  the  d-te  of  fuch  general  releafe, 
or  difcharge  :  And  the  faid  Bion  Bell  and  Caleb  Cain^ 
for  themfelves^  tljeir  esecutorS;  fUic)  adminiilrators  do, 


C  O  V  E  N  A  N  T.  365 

and  each  of  them  doth  covenant  promife  and  agree  to 
and  with  the  laid  other  creditors  ofthe  laid  Adtiui  ^Jpp^ 
^\  ho  have  hereunto  iubicribed  and  let  their  hands  and 
icals,  their  leveral  and  reiptdive  executors,  admiuiftra- 
torb  and  alUgns,  by  thcl'e  prclentb,  that  theyilie  iaidii/oa 
JScll  AUiXi  Lilcb  Cain,  their  executors  and  adminiilra- 
tors,  llrall  and  will  from  time  to  time,  as  ai»}'  monies 
ihall  come  to  their  or  any  of  their  hands  by  fale  of  the 
fi.iid  lioufehold  goods,  or  by  perception  ot  any  of  tho 
iumsofmoney  in  the  foidlecoiid  fchedule  mentioned, 
by  virtue  of  thefe  prefcnts,  and  the  aliignment  hereby 
made  to  them,  (all  neceirary  churj^cs  ar.d  expenfes  in 
ancLabout  receiving  the  fame  being  firil  dcducled)  well 
and  truly  Ihare  and  divide  and  pay  the  fame,  unto  and 
amoni^tl  tlicmfclves,  and  all  other  the  faid  creditors  in 
equal'proportions,  accoidingto  the  quantum  of  tlieir, 
and  each  and  every  of  their  refpcclive  debt  and  debts, 
as  the  fame  are  mentioned  and  fet  down  in  the  laid  firft 
Ichedule  hereunder  written.  In  witnefs,  J^cc. 


Deed  of  Co'oenant  from  the  ori pf in al  Landlord  of  other 
Houses^  to  a  Lcs'iec  of  another  Tenement^  to  ha'oe 
the  benefit  of  L'l^bts^  ^V. 

To  all  perfons  to  M  horn  this   prefent  writing  Hiall 

come  Felty  Snow,  of .gentleman,  fendeth greeting. 

\Vhereas  the  faid  Felty  Snoiv,  isfeizcd  to  him  and  bis 
heirb  of  and  in  a  certain  piece  of  ground,  and  feveral 
melTuages  oi  •tenements  ere6\ed,  called  or  known  by  the 

name    of otherwde ,  fituate    in   the 

town  of ,  now  in  the  tenure  or  occupation  of  hini 

the  faid  */'>//"y  Snow,  his  undertenants  or  afuiii^ns.    And 

whereas  France:; Poe,  of ,  widow  and  rciic\  of  ibe 

late//c/?rvPof,late,Scc.  jyfo;7;^72deceafcd.isintcreit'ednn(l 
polfeffed  of  and  in  acertain  melfuai^e  or  tenement,  witU 
its  appurtenances,  commonly  called  or  knc.n  by  the 


S66  C  O  V  E  N  A  N  T. 

rame  or  fign  of  the  Sugar  Loaf,  fituate  in  the  town  of 

,  V.  liich  at  the  time  of  the  laid  Henry  Poe^s  death, 

and  foi  leveral  years  were  in  the  poiieiiioa  of  him  the 
i^vi  Henry  Poc^  his  under-tenants  or  aiiigns.  And 
whereas  tiicre  are  leveral  vvnidow  lights  on  tiie  north 
fide  of  the  faid  meiFu^jije  or  tenement,  late  in  the  pof- 
feilion  of  hi  in  the  faid//c/i'_y  Pot\  and  now  of  tbc  faid 
Frances  Pot.\  which  open  or  look  ifto  the  faid  giound 

cailci^ ,  beh)Pii;it)g  to  tiie  faid    P\lfy  Sno%v^  as  a- 

fbrefaid  ;  an. I  it  is  aifii  mcd  and  nihiled  upon  by  the  faid 
Fclry  Snow,  that  the  landlord  of  the  faid  raeffuage  or 
tenement  called  the  Sugar  Loaf,  hud  no  right  to  make 
the  falri  window  lights  to  open  or  look  into  the  faid 
ground  of  the  faid  Fcliy  Snoiv,  and  therefore  the  faid  • 
Felty  Snnw  in  the  r.ie time  of  the  fiid  Henry  Poe,  did 
ereC:^  blinds  againfl  the  faid  window  lights,  to  prevent 
and  obftrn6t  the  faid  Hairy  Poe  from  having  the  benC'-' 
fit. of  the  faid  li^^hts  into  the  faid  ground  of  the  faid  Fcl- 
ty  S/iinv,  and  therefore  the  fftid  Henry  Poe,  in  his  life- 
time did  come  to  an  agreement  with  the  faid  Feify 
SnoTj,  to  pay  him  a  certain  fnm  of  m.oney  for  the  bene- 
fit of  the  laid  lights  for  a  certain  term  of  years  to  come, 
rather  thai!  engage  himfelfina  fuitoflaw  with  thr  faid 
F'elty  Snnw,  touching  the  right  thereof:  And  whcreais 
lince  tKc  death  of  the  ifaid  Henry  Poe,  the  faid  PYances 
Poe  hath  come  to  an  agreement  with  the  faid  FeIfy 
Snovj,  to  give  him dollars  for  the  peaceable  en- 
joyment of  the  laid  lights,  for  fuch  a  term  of  years  as 
}s  hereinafter  mentioned  :  Now  know  ye, that  the  faid 
Felty  SnoTj,  for  and  in  confideration  of  tht  faid  fnm  of 

dollars,  to  him  in  hand  paid  by-   the  foid  Frances 

Poe^  at  or  before  theenfealing  and  delivery  hereof,  the 
receipt  whereof  is  hereby  acknowledged,  doth  for  hira- 
felf,  his  executors  and  adminiilra^ors,  covenant,  pro- 
mife  and  agree  to  and  with  the  fa'd  Fmnces  Poe,  her 
executors  and  adminiftrators,  by  thefe  prefents,  that 
te  the  faid  Frances  Fde^  her  es^ecut^r^  an4  adminiftf  a- 


COVENANT.  26? 

tors,  and  all  other  the  tenants  and  occupiers  of  the  faid 
melluagc  or  tent- ment  Cvilkd  tlie  >^ugar  Loaf^  lliail  and 
may  trom  time  to  time,   and  at  all  times  hercaltcr,  for 

and  during  and  until  the day  ot" ,   which  will 

be  in  the  year  of  our  Lord ,  peaceably  and  quiet- 
ly hold,  poircfs  and  enjoy  the  full  and  free  liberty,  be- 
refit  and  advantaire   of  the  faiU  feveial  lights  into  the 

faid  ^^round  called ,   in  fuch  manner  a5  tht^y  now 

are  and  have  been  heretofore  lield  and  tnjoyed  by  tlie 
tenants  and  occupiers' of  the  faid  mefluai^e  or  tenement 
called  the  Su^ar  Loafy  without  anv  manner  of  let,  hind* 
ranee,  moleilation  or  interruption  of  or  by.the  faid  J'^ehy 
S/ioiv^  his  heirs,  executors,  adminUlrators  or  afligns,  or 
any  or  either  of  them,  or  of  or  by  any  other  perfon  or 
perfons  whatfoever,  haviny^  or  claiming  any  right,  title 
or  intereft  of,  in  or  to  the  faid  piece  or  pi-rcel  of  ground 
ealled .  In  witnefs,  &c. 


J^roni  the  Obligees  to  one  of  the  Obligors  in  a  Bond  for 
payment  of  Money  ;  that  in  consideration  oj  Mo^iey 
in  hand  paid  y  they  ivi/l  not  demand  nor  sue  J  or  the 
j\Ioney  in  the  Hand  within  a  certain  time. 

To  all  to  whom  thefe  prefents  fliall  come,  Abner  Bee 

Sir>i\  Cal&b  Cone,   of ,    fend    greeting.      U  hercas 

Daniel  Doe,  and  Richard  Roe,  of ,  by    ob'iK-'itioii 

under  their  hands  and  feals,  bearing  dale  the day 

of ,  fland  bound  unto  the  faid  Abner  Bee  and  Ca- 
leb Cone,  in  the  fum  of  — -      dollars,  conditioned  to  be 

void'on  payment   of dollars,    on  the  day  of 

,  as  by  the  faid  obligation,  reference  being:  there- 
unto had,  may  appear.  N(»v'  know  ye,  that  they  the 
faid  Abner  Bee  and  Caleb  Cone,  for  ai-.d  in  conhdera- 

tion  of  the  fum  of ,  to  them  in  hand,  at  and  b(  fore 

tlie  fraling  and  delivery  of  thefe  nrcfents,  by  the  afore- 
faid   D.mleiDoe,  truly  paid,  the   receipt   whereof  ig 


563  C  O  V  £  N  A  N  T. 

hereby  acl:nox\-1edged,and  for  other  good  and  fubftanti- 
al  reaions,that  they  the  laid  Aimer  Bee  andCa/ci?  Cone, 
for  themlelves  fcverally  and  refpeftively,  and  their  le- 
veral  and  refpcclive  executors  and  adminiilrators,  and 
not  jointly,  nor  one  for  the  other,  do  covenant,  pro- 
mife  and  agree  to  and  with  the  faid  Daniel  Doe^  his 
executors  and  adminilb'ators,  by  thefe  prefents  as  fob 
lowcth,  viz.  That  they  the  i\u(\  Ahner  Bee  and  Conrad 
Cone,  their  executors  and  admin iib-atora,-  nor  any  of 
them,  Ibali  or  will,  at  any  time  or  times  hereafter,  for 

and  during  the  time  and  fpace  of years  next  enfa- 

ing  the  date  of  thefe  prefents,  fue  for,  demand,  or  ex- 
peel  to  have  recewed  or  be  paid  of,  from,  or  by  the 
laid  Daniel  Doe,  his  executors  or  adminiilrators,  any 
fum  or  fums  of  money,  confideration,  benefit  oi'  ad- 
vantage, upon,  for,  or  in  refpecl  of  the  faid  bond 
or  obligation,  in  any  manner  of  wife,  nor  fliall  or 
will  at  any  time  during  the  faid  term,  fue,  arrell,  at- 
tach, moleil,  feize,  extend  or  take  in  execution  the 
faid  Daniel  Doe,  or  his  executors  or  adminiilrators,  or 
his  lands,  goods  or  chattels,  for  or  in  refpecl  of  the 
faid  bond  or  obligation,  or  any  fum  or  fums  of  money 
therein,  or  in  confideration  thereof,  or  thereon  due,  or 
to  grow  due  or  payable.     In  witnefs,  &:c* 


Deed  of  Go's  en  a?it  to  bold  parts  of  a  Ship   to  be  built  ^ 
and  to  pay  proportions  of  the  prime  cost  and  outset. 

We  whcfe  iiands  and  feals  are  hereunto  fet,  dn  for 
ourfclves.  our  exeeiitors  and  adminiilrators,  feverally 
and  rerpe6li\'ely,  and  not  jointly,  nor  one  for  the  other^ 
or  for  the  executors  and  adminlftvators  (vfthe  othec,  co- 
fenant.  promife   and   agree,   to  and  \\\\\\  Jaceb  Jenks^ 

of -,  merchant,  his  executors,  adminiilrators  or  af- 

figns,  by  thefe  prefents,  that  each  of  us  will  hold  and 
be  concerned  in  the    feveral    parts  by  us  rcfpe6livcly 


CO  V  E  N  A  N  T.  gfii^ 

fubfcribed  with  our  names  toVhcfe  picfeiits,  of  and  in 

a  new  ihi[)  or  vciicl,  to  be  oi  the  but  then  oi ions, 

or  thereaboiitb,  lur  the  building  whereol  the  laid  ^acob 
Jjnks^  htuii,  at  our  rtqueil,  and  with  our  conic jit,  con- 
tracted and  a;<reed  vvjih    Titus  fVt'st,  sbifnii right,  by 

art'.clesoi  a^^rcenicni  beariiigdate  liie clay  ol" 

inil.int,  oi  which  ihip,  when  built  and  fmiflitd,  wc  alfo 

agree  that  Martin  Old,  of ,  Ihall  go  and  be  mailer. 

And  that  c.ch  of  us  rtfpfCliveiy  will  pay  our  lull  pro- 
portion, aCcorciing  to  our  pans  in  the  faid  (hip  here- 
under ful)icrjbed,  of  tbt  fum  of  money  to  be  paid  for 
th'.;  !)Mildiiig-  of  tlic  fdid  ihlp,  at  the  times  and  in  manner 
as  the  fame  lliall  become  due  by  die  laid  contract:  or 
agreement  in  that  behalf ;  and  like  wife  of  the  chaige 
of  tile  outfct  ai;d  fitting  the  faid  fiiip  to  fen  f^r  fu.;h  a 
voyage,  as  tlie  major  pan  of  the  ()\^  ners  vhereof,  accrd- 
ingto  their  parts  therein, fliail  agree  and  thmk  fit.  In 
witnelb,  5cc. 


That  several  Merchants  shall  be  equally  concerned  it^ 
a  Slip's  Car^o, 

Whereas  the  feveral  perfons  hereunder  fubfcribed^ 

have  agreed  to  make  up  the  fum  of dollars,  be^ 

tween  them,  which  is  to  be  laid  out  in  a  cargo  of  goods, 

to  be  fent  to ,  in  fuch  a  fliip  as  they,  or  the  major 

part  of  thv:Mii,  agree  for  that  purj)ofe  ;  and  that  the  faid 
cargo  fliall  be  there  fold  and  d\fp<  fed  of  by  Samuel 
Shn'iv,  who  they  alfo  agree  fliall  be  fupercargo  thereof^ 

aiKi  that  the  (;fle6\s  theteol' llvall  be  brouo-ht  to , 

in  the  faid  fhip.  Now  the  f:\id  feveral  fubfcribers  do 
licrebv  fever:. llv  and  refne6\ivelv,  and  for  their  feveral 
and  refpedive  heirs,  executors  and  udminiftrators,  only 
and  not  jointly,  nor  one  for  the  other,  nor  for  the  o- 
ther's  n6\,  covenant,  promife  and  agree,  to  inid  \\ith 
tjie  other  and  others  of  them,  their  and  each  of  their 


t*'] 


570  COVENANT. 

heirs,  executors  and  adminiflrators,  that  each  of  them 
iliall  and  will  be  concerned  for  profit  and  lofs  of 
and  in  the  faid  cargo,  according  to  their  refpe6\ive 
parts  thereof  hereunder  fubfcribed  ;  and  that  each  of 
them  will  pay  their  feveral  proportionable  parts  of  the 
colls  thereof,  according  to  their  refpe^ive  parts  fub- 
fcribed as  aforefaid.     In  witnefs,  &c. 


Deed  of  Co'oenant  to  produce  Deeds, 

This  indenture  made  the day  of ,  betweera 

^obn  More^  of  ,  of  the  one  part ;  and  Miles  Holt, 

of ,  of  the  other  part.     Whereas   the  faid  John 

More^  or  Ibme  perfon  in  trull  for  him,  is  feized  in  fee 
of  and  in  four  iixth  parts,  and  the  iaid  Miles  Hoh\  or 
ibme  perfon  in  truft  for  him,  of  and  in  the  remaining 
two  fixth  parts,  of  feveral  mcfliiages  or  tenements,  lands 

^nd  premifes,   fituate  and  being  at -,  whereof  the 

premifes  demifed  by  the  four  feveral  indentures  of  leale 
(the  counterparts  whereof  are  mentioned  in  the  fche- 
clule  hereunder  written)  are  part  :  And  whereas  the 
faid  counterparts  of  the  faid  indentures  of  leafe,  are  put 
anto  the  hands  of  the  faid  ^o/jn  More^  (he  having  the 
greatelL  intereft  in  the  faid  premifes)  on  his  the  faid 
^ob?i  Morels  promife  to  produce  the  fame  to,  and  per- 
mit copies  thereof  to  be  taken  by  the  faid  Miles  Holt, 
his  heirs  or  affigns,  as  hereafter  mentioned  :  Now  this 
indenture  witnefleth,  and  the  faid  Johti  More,  in  pur-^ 
fuance  of  the  faid  agreement,  doth  hereby  for  himfelf, 
his  heirs,  executors,  adminillratcrs  and  sffigns,  cove- 
nant, promife  and  agree,  to  and  with  the  [mdiMi Irs  Holt, 
his  heirs  and  affigns  by  thefe  prefents,  in  manner  and 
form  following,  that  is  to  fay,  that  he  the  faid  Jo/jjz 
.More,  his  heirs,  executors,  adminifcrators  and  affigns, 
or  fome  or  one  of  them  fhall  and  will  from  time  to  tim-e 
imd  at  all  times  hereaftep,  during  the  refpc6live  terms 
tjD  QOEQ^  i.n  the  kafes,  the  couaterparts  whereof  are 


COVENANT.  371 

lucntioned  In  the  fchcdulc  hereunder  written,  at  the 
reiilbriablc  rtqutll,  and  at  the  colls  and  charges  of  the 
faid  Miles  iiolt^  hib  heirs  and  alTigns,  produce  and 
fhew  i'orth,  or  caule  to  be  produced  and  llicwn  forth  ia 
any  court  or  courts  ot  recoid,  or  oiherwit'e  ho\vfoc\cr, 
the  laid  counterparts  of  kales,  or  any  or  either  of  them 
(provided  they  are  not  dedroyed  by  fire  or  other  inevi- 
tabla  accident)  and  alio  permit  and  liiUer  IViih  the  laid 
JSIiLcs  Jlolt^  his  heirs  or  ailignsj  to  have  rccoui  fe  to  pe- 
rufe  or  take  copies  thereof  (provided  the  f  ime  fiiall  not 
be  dellroyed  as  aforefaid)  when  and  as  often  as  he  the 
faid  Miles  Holt,  his  heirs  or  afllgns  Ihail  require  the 
fame.     In  witnefs,  kc. 


For  Tonnage, 

Whereas   Amos  3Lm,  maimer  of  the  fliip  Cynthia^ 

burthen   tons,  now  lying  in    the   port  of  , 

is  bound  out  and  intends  to  fail  in  and  with  the  faid  ihip 

with   the   firft  fair  wind,  after    the  aforefaid  to 

,  and  to  ftay days,  to  take  in  the  faid  fliip's 

loading,  and  the  faid  time  being  expired   or  the  faid 

fliip  fooner  difpatched  to  return  to ,  and  deliver 

the  faid  loadiuL^  in days,  and   there  to  end   her 

voyage:  Now  thefe  prefents  witnefs,  that  each  of  us 
the  laid  feveral  perfons,  who  have  figned  and  fealed 
thtfe  prefents,  hath  hired  and  taken,  ar.d  doHi  hereby 
agree  to  take  the  feveral  proportions  of  the  laid  fliip's 
tonnage  by  us  refpeclively  fubfcribed  with  our  nunies 
to  thefe  prefents,  and  therefore  each  of  us  for  himltlf, 
his  executors,  adminillrators  and  afligns,  feverally  and 
refpc6\ively,  doth  hereby  covenant  and  agree  to  and 
with  the  faid  J?)ws  Ma?j^  his  executors,  adminiftrators 
or  afllgns,  that  each  of  us,  our  executors,  fa6\ors  or  af- 
figns,  iball  and  will  lade  or  tender  to  be  laden  al)o:ird 
tlie  Md  fliip  at  -"— —  aforefaid,  fuch  a  (Quantity,  and  fo 


375  COVENANT. 

much  goods  and  fnerclumdiies  as  w  ill  fully  load  the  fe- 
veial  paiis  oi  the  iaidlhip's  tonnage,  liy  us  rcfptctive- 
ly  iublcnbcd  ab  aibrciaid,and  \Til;  relpettiveiy  ciiipatch 

tht   faid  lliip   at ,  within  tht  iinid days  aker 

her  arrival  there,   and  within days  after  the  laid 

fhip's  arrival  at ,   \vili  receive  and  dilbhargc  our 

reipcclive  goods,  from  aboard  the  laid  fhip,  arid  dif- 
charge  the'faid  ihip  out  of  cur  fervice  ;  and. alio  lliall 
and  ulli  truly  pay  or  caule  to  be  paid,  unto  the  faid  A^ 
Tnos  Man,  his  executors,  adminiftrators  or  affigns, 
freighi  for  our  refpe6live  parts  of  the  faid  ill ip's  ton- 
nage, at  and  after  the  rate  of per  ton,  for  every  ton 

of  the  faid  goods  which  the  faid  fljip  ihall  deliver 
to  us,  our  executors,  adminiftrators  or  affigns  refpec- 

tively  at ,  and  proportionably  for  a  lefier  quantity 

than  a  ton,  accounting  the  tonnage  as  followeth,  viz.  of 
hemp,  &c.  and  will  feverally  pay  the  faid  freight  to 
grow  due  as  aforefaid,  8=^c.  to  the  payment  and  perform- 
ance of  all  which  faid  fcveral  covenants  and  agreements 
herein  contained,  each  of  lis  bindeth  himfelf,  his  heirs, 
executors  and  adminiftrators,  and  his  goods  feve- 
rally and  refpcctively,  and  not  jointly,  nor  one  for  the 
other,  unto  the  faid /i772o^i)//:7/?,  his  executors,  admini- 
Urators  or  affigns,  in  double  the  value  cf  the  freight,to 
be  paid  b}  each  of  us  refpeclively  for  ihe  fevrral  parts 
of  the  faid  fliip's  tonnage  by  us  refpeclively  fubfcribed 
as  aforefaid,  finuly  by  thefe  prefents.     In  witnefs,  &c. 

^he  leginmng  of  a  Ccoemiit  of  one  Person  to  one  Per. 

£012. 

And  the  faid  Adnm  Bend,  for  himfelf,  his  heirs,  ex- 
ecutors and  adminiftrators  [or,/^r  himself  his  execu- 
tors and  administrators^  ivithout  the  word  heirs,  as 
the  case  requires^  s^nd  for  every  of  them,  doth  cove- 
■riant,  promife  and  agree,  to  and  with  the  faid  Calelf 
Bi^n,  his  h«irs,  executors  and  ^dcaiuiftrators,  [or;  hi^ 


C  O  V  E  N  A  N'T.       .  i73 

heirs  ciad  assigns  ;  or,  his  executors^  administrators 
and  assigns^  as  the  case  rcquires~\  by  thtle  picicnib,  \i\ 
manner  uad  ibnntollowing,  that  is  to  fay  :  That,  &:c. 

Introductory  part  of  a  joint  Covenant  to  one  Person. 

And  ilie  faid  Jbcl  Banks,  Caleb  Duck,  <ind.  Eno^ 
Fray,  ibr  dicmfelvcs,  thtir  heirs,  e.Nccutors  and  adini- 
iiillrators,  and  for  every  oi'them,  do  covcnaiit,  promiie, 
grant  and  aj^ree  to  and  with  the  faid  George  Hurd^  \\\% 
heirs  and  allii^ns,  by  thefe  prefents,  in  manner  follow^ 
ing,  that  is  to  fay  :  &c. 

Introductory  part  of  a  joint  and  several  Covenant, 

And  the  l\iid  Jbti  Bend,  Caleb  Dun,  and  Enos  Fen, 
for  thf-mfelves,  their  heirs,  cxeeutors,  adminillrators 
and  affigns,  and  for  every  of  them,  do  jointly  and  feve- 
rally,  covenant,  promife  and  grant  to  and  w  ith  the  faid 
George  Iloge,  hisexecntors,  admir.iftrators  and  afii^ns, 
by  thefe  prefents,  in  manner  following  that  is  to  fay  : 


Introductory  part  of  a  several  Covenant. 

And  the  faid  Abel.Bamct,  Caleb  Dun,  Enoclj  Frey^ 
and  George  Hunt,  for  tbemfelves  feverally  and  refpec- 
tively,  and  for  their  feveral  and  refpeaive  heirs,  cxe:. 
cutors  and  adminirtrators,  do  fcparately,  and  not  joint- 
ly, or  the  one  for  the  other  or  others  of  them,  or  for 
the  heirs,  executors  or  adminiib-ators,  a6is  or  deeds  of 
the  others  of  them,  but  each  and  every  of  them  for  h^m- 
felf  only,  and  for  his  heirs,  execiTtors  and  adminiRra- 
tors  arfs  and  deeds  only,  do  covenant,  promife,  tyrant 
and  a.yjree  to  and  with  the  faid  Kirk  Lyon,  his  heirs, 
and  afli,qns,  by  thefe  prefents,  in  the  manner  following, 
that  is  to  fav,  8^c. 


574.  COVENANT. 

Jntrodiictory  part  of  a    Covenant.,   ixihert  Ilu^hana 
coiicnants  for  himself  and  IVtJc. 

And  the  faid  Abel  Bendy  for  himfelf,  his  heirs,  exe- 
enters  ^nd  admiailtrators,  and  for  and  on  the  bchaif  of 
the  fa  id  Catharine^  his  wife  and  her  heirs,  dotii  cov- 
fenant,  proniife,  grant  and  agree  to  and  with  the  laid 
X)aniel  Est^  his  heirs  andafligns,  b>  thcfe  prefents,  in 
manner  following,  that  is  to  fay  :  That,  kc. 


TFiirranty. 

And  the  fald  Abel  Bell^  for  himfelf,  his  heirs,  exe- 
cutors and  adminitlrators,  doth  covenant,  promife, 
grant  and  agree,  to  and  with  the  faid  Caleb  Doe^  his 
^irs  and  cdhgns,  by  thefe  prefents,  that  he,  the  faid 
Abel  BelU  and  his  heirs,  the  faid  above  mentioned  and 
defcribed  meffuage  or  tenement,  and  tra6l  of  land, — 
hereditaments  and  premifes,  hereby  granted,  or  men- 
tioned, or  intended  fo  to  be,  with  the  appurtenances, 
unto  the  faid  Caleb  Doe^  his  heirs  and  alhgns,  againft 
him,  the  faid  Abel  Bell^  and  his  heirs,,  and  againft  all 
and  every  .other  perfon  and  perfons  whomfotver,  law- 
fully claiming,  or  to  claim,  by,  from  or  under  hiin, 
them,  or  any  of  them,  fliall  and  will  vvan"ant  and  for 
ever  defend,  by  thefe  prefents. 

tCP  For  th^  difference  between  2^ general  and  spC' 
mal  warranty,  fee  j)agc  234. 


For  further  Assurance, 

And  farther,  that  he  the. faid  Abel  Bell^  and  his 
heirs,  and  all  and  every  other  perfon  or  perfons  iawfui- 
]y  claiming,  or  to  claim,  by,  from  or  under  him, them, 
or  any  of  them,  fliall  an  J  \vill,  from  tirne  to  time,  and 


^im- 


COVENANT.  (375 

at  all  times  hereafter,  upon  the  reafonable  rcqueft,  and 
at  ilie  proper  colls  and  charges  ni  the  law  ot  he  laid 
6'f^A7>' />(?<",  his  heirs  and  alligns,  make,  do,  and  exe- 
cute, or  cauie  and  procure  to  be  made,*  done,  and  cxe» 
ciited,  all  and  ever  J'  Inch  uuthtr  and  other  lawiul  and, 
reulbnabi.:  a6l  or  aO.s,  deed  or  deeds,  device  and  de- 
vices in  the  law,  u hatlbever,  fer  the  lu'ther,  better, 
more  perfe^l:  and  ablblute  alTurance  and  corvlifniatiou 
of  tlie  faifl  mt  Ifuage  or  tenement,  ^c.  hereditaments 
and  uremifes,  hereby  graj)tt(  or  mentioned,  or  in- 
tended ih  to  be,  with  the  appurtenances,  unto  the  laid 
Caleb  Doc^  l.is  hens  and  aHiiy^ns,  as  by  him  or  them, 
or  by  his  or  their  counlbl  learned  in  the  law,  ILali  bo 
re;ffoiiabiy  advifed,  devifed  or  required. 


For  Quiet  Enjoyment. 

And  the  faid  Abel  BtlU  for  himfelf,  his  heirs,  ex-^ 

editors  and  adminill;atcjrs,  doth  covenant,  promife, 
grant  and  agree,  to  and  with  the  laid  Caleb  Doe.  his 
heirs  and  aiiigns,  by  thefe  prefents,  that  he,  the  laid 
Caleb  Doe^  Jiis  heirs  and  afiigns,  fliall  and  laufidly 
may,  from  time  to  time,  and  at  all  times  hereciftcr, 
peaceably  and  quietly  have,  hold,  ufe,  occupy,  polTefs 
and  enjoy  the  faid  melTaage  or  tenement,  fcc.  heredi- 
laments  and  premifcs,  hereby  granted,  or  racntioned, 
or  intended  fo  to  be,  with  the  appurtenauces,  m  ithout 
the  lawful  let,  fuit,  troi.d->Ic,  hindrance  or  molcllation 
iii  \X\^^\m\  Abel  Bell,  his  heirs  or  iiffigns,  or  of  any 
other  perfon  or  perfons  whatfocver,  by  or  with  his, 
their,  or  either  of  their  acl,  mernis,  confent,  privity  or 
procurement.  Inwitnefs  whcreofjthc  faid  parties,  &;c. 


376  C  O  V  E  N  A  N  T. 

For  peaceable  Enjoyment  in  an  Assignment  of  a  Lease, 

And  the  Uticl  Martin  Cane  and  John  Shaiv,  for 
themiclves  fevergUy,  and  for  their  fcveral  and  reflec- 
tive heirs  and  affigns,  do  hereby  covenant,  promifc  and 
prant  to  and  with  the  faid  Jobii  IIovj^  and  Abel  'Turner^ 
their  executors,  adminiftrators  and  afiigns,  by  thefe 
prefents,  that  they  the  Hiid  john  IIow  and  Jbel  Tur- 
ner^ their  fevcral  and  rcfpe<£live  executors,  adminillra- 
tors  and  affigns,  paying  the  faid  yearly  rent  and  per- 
forming, faiiiiling,  and  keeping  all  and  fmgular  the 
covenants  and  agreements  in  thefe  prefents  referved 
and  contained,  on  their  parts  to  be  paid,  done  and  per- 
formed, iliall  or  lawfully  may  pcueeably  and  quietly 
have,  hold,  occupy,  potiefs  and  enjoy  all  and  lingular 
the  faid  premifes  hereby  demifed,  with  their  and  every 
of  their  appurtenances  during  the  faid  term  hereby 
granted,  without  any  lct,-fuit,  trouble,  denial,  eviftion, 
€Jcc\ion,  moleftation  or  hindrance  of  or  by  the  faid 
Martin  Cane -md  John  Shaw,  or  either  of  them,  their 
or  either  of  their  heirs  or  afllgns,  or  of  or  by  any  other 
perfon  or  perfons  whomfoever  lawfully  claiming  or  to 
claim,  by,  from  or  under  them,  any  or  either  of  them, 
or  by  or  through  their,  any  or  either  of  their  means, 
default,  confent  or  procurement.     In  witnefs,  See. 


Ap^ainst  Incumbrances- 

And  the  ii^'v\Amos  Bane  and  Caleb  Dun,  for  them- 
felves,  their  heirs,  executors  and  adniiniftrators,  do  fc- 
verally,  and  not  jointly,  nov  the  one  for  the  other,  or 
for  the  v.iii  or  deed  of  the  other,  but  each  for  his  own 
a6\son]y,  covenant,  promife,  grant  and  agree,  to  and 
with  the  faid  Enoch  Frey,  his  heirs  and  afngns,  by 
thefe  prefents,  tliatthcy  the  faid  Amos  Bane  and  Caleb 
u§,««,  have  not  heretofore  done,  committedj  or  witting- 


COVENANT.  477 

]y  or  wilUngly  fufiercd  to  be  done  or  committed,  any 
act,  murter  or  thin^  v\ haliocver,  whereby  tin.'  pjcmiles 
hereby  granted,  or  any  part' thereof,  is,  are  or  Ihall  ol 
may  be  impeached,  ehari^xd  or  incumbered,  in  title, 
chciige,  eilutc  or  other^vi^e  howfoever.  lu  witnefs, 
Es.e. 


Another,  ' 

And  the  faid  JUice  Jones,  for  herfelf,  her  Vieirs,  ex- 
ecutors and  adminiftrators,  and  for  eveiy  ol  them,  doth, 
by  thefe  piefents,  covenant,  promife  and  agree,  to  and 
with  the  faid  Isct  Snem,  his  executorb,  adminift;ators 
and  aiVigns  \_tbits you  siy  in  an  assignmciit,  but  in  a 
release  in  fee,  is'c.  Siiy,  heirs  and  allien..-.,]  in  manner 
and  form  following,  that  is  to  fay,  that  Ihe  the  faid  Al- 
lice  Jones,  hath  not  at  any  time  heretofore  \^if  in  an 
assigtnnent  by  an  executor  say,  that  neither  the  faid 
John  Jones  deceafed,  in  his  lifetime,  nor  the  faid  AU 
lice  Jones,  fnice  his  death  hath  made,  &c.]  made, 
done,  committed,  or  wittingly  or  w  illiiigly  fufiercd  any 
ad^,  deed,  matter  or  thing  whatfoevcr,  whereby,  or  by 
means  or  occafion  whereof,  the  hereinbt-fore  afligned 
meffuages,  or  tenenients  and  premifes  \_or  in  a  release 
infee,  say,  the  hereditaments  and  premifes  hereinbe- 
fore mentioned,  or  intended  to  be  by  him  hereby  re. 
leafed:  or  in  a  deed  of  partition  say.  the  tenements 
and  premifes  herein  before  ele6\cd,  allotred  and  limit*^ 

ed  for  the  part  and  fliare   of  the  faid in  the   faid 

hereby  granted  and  rt-ieafed  premifes]  or  any  part 
thereof,  are,  is,  (liall  or  may  be  in  any  wife  impeached, 
charged  or  incumbered  in  title,  charge,  efiatcor  other- 
vifc  howfoever.     In  witnefs,  &c, 

[48] 


57S  ,  C  O  V  E  N  A  N  T. 

That  Vendor  shall  banjc  room  and  liberty  for  Threshingf 
£?V.  bis  Grain^  (s'c.  and  room  for  Scr'Datits^  Horses, 
^c.  till  his  Stock  can  be  carried  away. 

And  the  fiiid  [pur chaser"^  doth  hereby  covenant  and 
^gree,  that  until  the  faid  [yendor'^  his  heirs,  executors, 
adminiilrators  or  affigns,  can  conveniently  threfh  out, 
fell,  carry  away,  or  otherwife  dilpofe  ot  h*is  corn,  grainy 
hay,  fodder,. and  other  flock  now  beingxipon  the  pre- 
mifes,  or  any  part  thereof,  he  and  they  fliall  have  and 
enjoy  fuitable  barn- room  and  other  conveniences  upon 
the  premifes,  wherein  to  lodge,  lay  up,  and  bellow 
fuch  corn,  grain  and  hay  as  aforefaid,  and  likewife  fuit- 
able houfe-room  for  his  and  their  fervants,  agents  and 
horfes  to  be  employed  for  the  purpofes  afortlaid,  to- 
gether with  free  liberty  of  ingrefs,  egrefs,  negrefs,  way 
and  paiTage  to  go,  come,  threili  out,  fetch  and  carry 
away  the  fame  corn,  grain,  hay,  fodderand  other  ftoeky 
smd  every  or  any  part  thereof,  in  or  over  any  neceilarjr 
part  of  the  faid  purchafed  premifes,  doing  no  wilful 
•damage  to  the  fame.     In  witnefs,  ^c^ 


That  if  a  good  Title  cannot  he  made  on  or  before  a  cer^ 
lain  day ^  the  premises  shall  stand  as  a  security^  hjc. 

It  is  hereby  further  agreed  and  declared  by  and  be- 
tween all  the  iaid  parties  to  thefe  prefents,  and  parti- 
cularly the  faid  [yendors"^  do  hereby  agree  and  declare, 
Zhat  in  cafe  they  cannot  make  out  a  good  title  to,  and 
execute  and  perfed;  fuah  conveyances  and  afliirances 

cf  the  premifes  as  aforefaid,  on  or  before  the —  day 

of now  next  enfuing,  then  the  faid  premifes,  ^c. 

Jmd  every  part  thereof,  fliall  remain  and  be  a  fecurity 
to  the  faid  [_purchaser~\  for  fecuring  to  him,  his  exe- 
cutors, adminiflrators^ndafligns,  the  repayment  of  the 

faid  fum  of dollars,  &e.    now  by  him  paid  as  a- 

forcfaidj  at  9r  upon  the  faid  — ~  day  of  --—-  fjOW 


COVENANT,  379 

next  enfuins^,  together  with  intereft  for  the  fame,  after 
the  rate  of  lixptr  eciitum  from  henceforth, in  th.e  mean 
time,  and  until  i)a}  ment  theieol,  ^\hicll  in  fueh  cafe 
t'hcy  the  laid  [^DCfidorsj  do  hereby  for  themfelvesfeve- 
rally  and  refpeclively,  and  for  their  feveral  and  reflec- 
tive heirs,  executors  and  adminillrators,  promife  and 
agree  to  pay  accordingly,  and  then  alfo  in  fuch  cafe  all 
fueh  rents,  iOues  and  profits  as  he  the  faid  [_purc/jQSCt'][ 
ihall  have  received  by  or  out  of  the  premifes  as  afore- 
faid,   Ihall   be  deemed  and  allowed  by  him  in  part  of 

payment  of  the  fame dollars,    and  interell.     In 

\v  itnefs,  bV. 


*Xai  to  assign  the  Premises  'without  notice  totheLessor,' 

And  alfo  that  the  fai(J»/'/«;z5';;zir/j,herexeeutors,admni- 
iftrato/s  or  aifigns,  Ihali  not  nor  will  during  the  faidi 
term  hereby  leafed,  o'r  any  part  thereof,  transfer  or  af- 
fign  over,  let,  fet,  or  mortgage  the  fafu  meduages   and 

premifes.  ora«y  pait  thereof,  for  the  faid  term  of 

years  or  any  part  thereof,  to  any  perfon  or  pcrfons 
"whomfoever,  without  giving  notice  thereof  in  writir.g 
under  their  hands  unto  the  faid  David  Dcnt^  or  his  af- 
iigns,  "during  the  life  of  the  faid  Dwuid  Dent^  or  aftec 
his  deceafe  to  fiicii  other  perfon  or  perfons,- who  for  the 
time  being,  lliall  be  entitled  to  the  next  and  immediate 
reverlion  of  the  faid  leafed  premifes  expectant  on  the 
determination  of  the  faid  term,  or  in  his  or  their  ib- 
fence,  to  his  or  their  generally  reputed  agent,  or  rcr 
ceiver  of  the  rents  of  the  premifes  for  the  time  being. 
In  witiK-fs,  ^c. 

That   Lessee  shall  not  he  chargeable  for  any  Accident 

by  Fire. 

And  laflly,  it  is  covenanted,  concluded,  and  agieed, 
hy  and  bet^vscn  the  iUid  parties  to  thvfc  nrtfvUt*,  thaj 


380  C  O  V  E  It  A  N  T. 

the  faid  Amos  Baid^  his  executors,  adminillrators  or 
ai!  gns,  ihailnotbv  viiiue  ot  thefe  prefenis,  or  any  ar- 
ticle, clauleor  agieciueiit  herein  contained,  be  chaige- 
abie  or  cliaiged  v  Jiii,  or  aiilwciabie  ior  any  accidents 
oi  lire,  which  Ihaii  luip.en  cu.nii;  the  contmuahce  of 
this  demiie,  uui.\.  ihat  jnch  inccicitntb  oi  Ine  are  who.'iy 
exce;.ieci  out  oi  die  btloiementioneci  cOvenanis  lor 
kct[.;i  g  and  icaving  the  prtn.iieb  in  repan  ;  niid  die 
faio  ^xDius  jBctid,  hih  executors,  aomniillratois  and  af-^ 
figns,.  are  not,  by  color  of  any  claule  inihelc  preleuts 
contained,  to  slvSw  er  or  make  good  any  fuch  accidents, 
or  Hny  damage  occ.dioned  thereby,  but  that  the  lame 
are  to  be  borne  by  the  faid  Titus  Foe,  his  heirs  or  af- 
figns  ;  any  thing  in  thefe  prefents  contained  to  the  con- 
trary in  any  wife  notwithllaniling.     In  witnefs,  ^c 


From  the  Assignee  of  Leases^  to  indemnify  the  Lessee 
Jrom  Rents  and  Covenants.  Usually  inserted  in  an 
absolute  Assignment  of  a  term^ 

And  lallly ,  that  the  faid  Jane  Sha%v,  for  herfelf,  her 
executors,  adminillrators  and  afiigns,  doth  hereby  co- 
Tenant,  promife  and  agree,  to  and  with  the  faid  Ann 
Jones A^^Y  executor&and  adminillrators,  by  thefe  pre- 
sents, that  llie  the  faid  Jane  Shaiv,  her  executors,  ad- 
minillrators and  affigns,  fliall  and  will  from  time  to 
time,  and  at  all  times  hereafter,  during  the  now  refidue 

of  the  feveral  terms  of years  and years,  pay 

and  difcharge  the  faid  feveral   yearly  ground    rents   of 

and by  the  faid  two  feveral  recited  inden-' 

lures  of  leafe  rcfpe6lively  rcferved,  to  the  proper  per- 
fons  intitiedto  receive  the  fame,  and  alfo  perfoim  and 
keep  all  and  every  the  feveral  covenants,  conditions  and 
agreenKMiTs,  th.erein  contained,  and  which  from  hence- 
forth duriti^ibe  now  rthdue  of  the  fame  feveral  terms 
on  the  jell";  e's  part  are  to  be  paid  and  performed, 
»nd  tlv^reofand  therefrom  fl;all  and  will  from  time  t© 


COVENANT.  381 

time,  and  at  all  times  hcrcarter,'  well  and  fuHicicntiy 
iu\c,  Kcc[i  luuailLlrj  ana  iiickniiuljcd  llie  Jaici.;/-//  Joucs^ 
licr  cxccuLoib  and  adiiiiiiillKitorb,  and*  ii«  i  i,  ci  ihtir 
rt  I  and  pcilonan.  daltb,  ol  andtiom  ail  aciior.a,  iiiits, 
Coltb,  ciK»rii,cb,*ai)U  ciamagts,  which  Ihc  or  Lhey  l(:aii  or 
may  pwiy  or  fullaiii  ibi  or  by  lealun  or  in  itlpct)  ol  her 
the  laid  Jaac  Soaw,  iicr  executors,  a<lrniiidli\'lors  or 
aiiigas  no'J)  i|)aymcnL  ol" the  faid  fcvcial  yearly  rents,  or 
the  non-peribrmunce  ot  any  of  the  covenants  in  the 
faici  indeniures  ofleaie  reiervod  and  contained,  and  aifo 
oi"  and  tVom  a»i  atiiuns  and  i^ils  to  uc  brought  by  or 
profecuted  in  the  name  oi' the  faid  ylun  J  ones  ^  her  ex- 
ecutors or  adminillrators,  for  the  recovenni^  of  thelaid 
hereby  alfigned  niwiues,  by  \  iitue  oi  the  po.uf  v  and  au- 
thority hereby  t^iven  to  the  laid  ^une  S/jaw^  her'exe-* 
cutors,  aclniii.illratoib  and  afiigns,  for  that  pnrpofe, 
and  alio  of  and  front  all  coils  and  charges  touching  the 
fanif .     In  wituefs,  &.c. 


Another  infc%ver  Tf^ords. 

That  he  the  faid  Titus  Hoe,  his  executors,  admini- 
ftrators  or  allis^ns,nuill  and  will  at  all  times  from  hence- 
forth pay  all  rents  payable  on  the  laid  allii^ned  leafe, 
and  perform  ami  keep  all  and  fmgular  the  covenants 
and  asirreemeiits  which  on  the  leifee's  or  al'iignee'a 
parts  and  behalfs  are  and  ought  to  be  done  and  per- 
foimed  in  refpicl  '.fthr  faid  premifes,  and  five  harm- 
lefs  and  keep  indemnified  the  fiid  Henry  Doe,  his  ex- 
ecutors, and  admii\iftrators,  of  and  from  the  fame, 
and  all  damap;es  and  expenfes  which  may  haj)pen  to 
him  or  them,  or  any  (jfrhem,  by  reafon  of  the  non-pay- 
ment or  non-performance  thereof.     In  witnefs,  8<;c. 


§32  C  O  V  E  N  A  N  T. 

To  pay  Bent:,  mid pe^- form  Co'denants  in  a  Lea^e 
as  igned. 

To  9II   to  whom  thefe    preients  fliall  come,  John 

KlinCy   of ,  ycuman,  lenrls.    greeting:    Whereas 

John    Conn,   of ,  blacksmith^  by    his   iiKlciiture 

of    ieafc,     bearing    date     the    clay    of  , 

did  dcmife  and    let  unto  l-Fin  Conc\  of  ,  \_rcc'ttG 

the  lease. 1     And  whereas    fFin  Cone.,    by   a   writing 
or  indoifcmcnl  on  the  faid  recited  leafe  under  his  liand 

©nd   leal,    bearing  date  the of laft,   for  the 

coiiiideratlons  therein  mentioned,  hath  afligncd  and  fet 
cver*unto  the  faid  John  Kline,  the  faid  recited  leafe 
and  premiffts  thereby  granted,  with  the  appurtenances, 
and  ail  his  eilate,  riglit,  title,  claim  and  interell  what- 
foever  therein,  to  hold  the  fame,  under  and  fubje6l  to 
i\\t  rents  and  covejiants  thereby  referved  and  contain- 
ed, on  his  and  their  parts  to  be  paid  and  perform.ed^  as 
by  the  faid-i^^GFted  leafc  and  indorfement  thereon,  re- 
lation being  thereunto  had  may  appear.  Now  thefe 
prcfents  witnefs  that  the  faid  John  Kline.,  doth  hereby, 
^co'venajit.,  ^c.  to  and  with  the  said  JVin  Cone'^^  that 
he  the  faid  John  Kline.,  his  executors,    adminiilrators 

and  aifigns,   fhall  and  will  from  the  day  of 

Bcxt  enfuing  the  date  hereof,  for  all  the  refidue  of  the 
faid  term  of years,  by  the  faid  recited  leafc  grant- 
ed, well  and  truly  pay  or  caufc  to  be  paid  the  faid  year-" 
iy  rent  thereby  referved,  in  manner  as  the  fame  jfliall 
become  due  and  payable,  and  will  alfo  from  time  to 
time  and  at  all  times  hereafter,  obferve,  perform,  and 
keep,  all  the  covenants,  articles,  claufes,  and  agree-* 
mcnts,  therein  contained,  which  on  the  tenant's  oY  lef- 
jfc^'s  part  of  the  laid  premifes  are  and  ought  to  be  paid, 
done  and  performed  ;  and  thereof  and  therefrom,  and 
from  all  actions,  fuits,  cods  and  dama!2:es,  by  reafou 
thereof,  or  the  non-payment  or  non-performance  there- 
*:i"in  i«iy  wife,  iiiall  anil  will  at  all  times  hereafter  well 


C  O  VENA  N   i^e  2f3&. 

and  fLifficienlly  lave  and  keep  harmlefs  and  indemnified 
tlie  lliid  irine  Cone,  his  lieirs,  executoib,  adniinillra. 
tors  and  afiigns,  his  and  tln-ir  lands,  tencmenib,  ^ood« 
and  chattier,  and  every  oliheni.     la  uitnilb,  ^e. 


As  to  a  Lessor'' s  insurance  of  Premises^  and  that  J^es- 
'  sec  may  quit  .at  any  time  during  the  lerni-^on  groing 
one  y':ar''s  nonce. 

And  the  fuid  Ifvhn  NorJis^  for  himfolf,  his  heirs  and 
afligns,  \as  loqnltt  enjoyment^  yc.~\  Ai;d  thai  he  the 
faid  John  Notjks,  his  heirs  and  aiiigns,  or  Ibme  crthem, 
fhall  and  vvili  at  his  iuid  ihc-ir,  or  Ibme  or  one  ol"  their 
own  proper  coHs  and  el^ar^es  forthwith  infure  upon  ti.e 
faid  two  melluages  or  tenements,  with  the  bni^inga 
and  appurtenances  thereunto   belonging,    the   ium  of 

dollars,  from  lofs  againlt  lire  in  the   oiuce  of  in.- 

furance  called  the ,  or  in  fome  other  good  fullicicnt 

ofTicc,  and  fliall  keep  and  continue  fo  infured  during- 
the  faid  term  hereby  demifed,  and  alio  Ihall  and  will, 
*at  his  and  their  like  colls  and  charges,  rebuild  or  make 
good,  as  occaiion  Ihall  require,  the  laid  meilbages  or 
tenements,  with  the  buildings  and  appurtenances 
thereunto  belonging,  if  the  fame  at  any  time  during  the 
faid  term  fliall  happen  to  be  burned,  blow  n  up,  or  da- 
maged, by  ©r  by  means  of  any  fue,  in  as  reafonable 
time  as  the  fame  can  be  rebuilt,  repaired  and  made 
good  in,  after  fuch  fue,  blowing  up,  or  damages  (ball 
lb  happen  to  the  fame,  to  and  for  the  ufe,  benefit,  and 
occupation  of  the  faid  CaUb  Tucker^  his  executors, 
adminiilrators  and  afiigns.  during  the  continuance  of 
this  demife,  according  to  the  true  intent  and  meanir.g 
of  thefe  prefents.  And  lallly,  it  is  hereby  mutually 
covenanted,  agreed  and  declared  by  and  between  tlic 
parties  hereto,  for  themfelvcs,  and  for  their  refpeelivr 
Wi«cutors,  admiiaillrators  and  alligns,  and  the  true  iu- 


384  COVENANT." 

tent  and  meaning  of  them  and  of  thefe  prefc^nts  is,  that 
if  thefaid  6\//^^  Tucker^  his  executors,  adminiftrators 
or  ailigns,  IhaU  be  minded  or  desirous  to 'leave  or  fur- 
render  up  t!ifc  faid  demifed  premifes,  with  the  appui  te- 
naiices,  at  the  end  of  any  one  year  of  the  faid  term  of 
yb/7jy-2^iucj  years  hereby  demifed,  and  of  fuch  his  or 
their  mind  and  intention  Ihall  p;ive  or  leave  notice  or 
warning  in  writing  to  or  with  the  faid-  John  Noaks, 
his  heirs  oraiTigns,  b}-  the  fpace  of  ^lyo  months  at  leaft 
next  before  the  expiration  of  fuch  one  yn^w  of  the  faid 
term  of /t?r ('_)'- /7U0  years,  whereof  fuch  notice  fliaii  be 
given  for  leaving  the  faid  premifes  as  afoiefaid,  that 
then  and  in  fuch  cafe  it  fliall  and  may  be  Tawful  to  and 
for  the  faid  Caleb  7^z^^y^6T,his  executors,  adminiflrators 
and  afligns,  fo  to  do,  and  thereupon  the  remainder  of 
the  time  and  term  hereby  demifed,  which  iliall  be  then 
to  come  and  unexpired,  at  the  expiration  (;f  fuch  no- 
tice or  warning  ill  all  ceafe,  determine,  and  be  utterly 
void,  as  if  the  fame  had  not  been  demifed  or  granted 
for  fuch  further  time  or  term,  and  this  prefent  inden- 
ture of  leafe  fnall  then  be  efteemed,  deemed  and  taken, 
to  be  fully  exprefied  and  determined,  any  thing  herein 
contained  to  the  contrary  thereof  notwithftanding.  In 
ivitnefs,  kc. 


That  the  Tenant  shall  lay  out,  ^c,  in  Repairs, 

And  the  faid  Abel  Bell,  in  confideration  of  thefe  pre- 
fents,  and  the  covenants  and  agreements  herein  con- 
tained, doth  covenant,  promife  and  agree,  to  and  with 
the  faid  Caleb  Doe,  his  heirs  and  afV'gns,  that  he  the 
faid  .c/^f/ /?^//.  his  executors,  adminiftratorsor  afligns, 

fhall  and  will  within  months  next  after   the   date 

hereof,  lay  out  and  expc  nd  the  furii  of ,  in  repair- 
ing, amending,  adorning  and  beiintifying  the  faid  mef- 
fuage  or  tenement  hereby  demifed,  or  fhall  and  will, 


C  O  V  E  N  A  N  T.  585 

At  his  on-n  proper  coft  and  charges,  well  anclfufiiclcnt- 
Iv  put  the  laid  meiinaj^e  or  tenement  hereby  dcnnled  ia 
a  gf)r)il,  fuific  ''lit,  iuultintiul  and  tciumtable  repair,  and 
p;t:tjo»i;arly  lii.ill  -end  •  il  [_i/iscrt  t/je  Jjui luuiarii  a* 
grccd  oit.'^      1.1   wjtnels,   CvC. 

7'bat  Leasee  iiniy  take  doivn  and  carry  anv ay  such  and 
such  TI.'Tigs  at  the  end  of  the  tcrnu  unless  the  Lessor 

ivi/i  /•  y  Jcr  them. 

And  I'ne  laid  Conrad  Doe,  for  himfelf  his  heirs  and 
afiigiis,  I'.oth  coven.int,  pi  on. He  and  agiec  to  and  witK 
the  fa  id  Adam  licnd^  l»is  txccutois,  adir.inillrator.-.  and 
affigns,  by  thcfe  prefents,  that  it  Ihall  and  may  be  law- 
ful to  and  for  the  faid  /^^'^w  Bend,  his  executors,  ad- 
mji'iiilratois  or  afiigii'>    or  any   of 'hem,  at   live  end  of 

the  faid 3carh,  or  othtf  fooner  detein.'r.ation   of 

thefc  J  reff ntr>,  to  tala  down  and  carry  awny  \_stich  and 
such  things,']  ere^lions,  huildings,  furnitures,  and  or- 
naments, as  he  or  they  fliall  durmg  the  faid  term,  have 
fixed,  ere^cd,  and  fet  up,  in,  about  or  upon  the  laid 
premifes,  doing  as  liitle  damage,  to  the  faid  rneffuage 
or  tenement  as  he  poilibly  can,  uniefs  the  faid  Conrad 
Doe,  his  heirs  or  alligns  be  wiHingtcr  have  and  keep 
the  fame,  and  thereof  Ihall  give  notice  to  the  faid  Adam 
Bend,  and  fliall  and  do  pay,  or  caufe  to  be  paid,  unto 
\.\\q{:x\<\  Adam  Bend,  his  executors,  adminiitrators  or 
alfigns.  fo  much  money  for  the  fime  as  tliey  fl.all  be 
Tcafor.aijiy  valued  at  by  two  indifferent  perfons,  the  one 
to  he  chofen  by  the  faid  Adam  Bend,  his  executors, 
adminiftrators  or  r.fligns,  and  the  other  by  the  faid 
Conrad  Doe   his  heirs  or  affigns.     In  v\  itnel's,  8s.c. 

That  Lessee  vj ay  deduct  the  Charges  of  Repairs  cu( 
of  his  Bent, 

And  alfo,  that  it  fliall  and   may  be  ln\\fnl  to  and  for 
the  faid  Adam  Bend,  his  exr«',utor6,  admiiiiftrutorb  an^ 

[4.9] 


2Ba  COVENANT. 

affigns,  to  retain,  declu6l  and  keep  but  of  every  year's 
rtMit,  agited  to  be  paid  to  the  faid  Cairb  Loe^  liis  heirs 
or  ailii^as,  as  aiorei'aid,  all  and  i"o  much  mout  y  as  he  the 
laid  *A(iam  Bendy  his  executors,  admiiiillrators  or  af- 
iigns,  Ihall  from  time  to  time,  during  the  faid.  term, 
have  paid  for  taxes  agreed  to  be  paid  by  the  faid  Ca- 
leb huCy  his  heirs  and  afngns  ;  and  alfo  for  fuch  repaics, 
amendments  and  iidditious,  b}^  hirn  made  or  done,  or 
Gaufed  to  be  made  and  done  in  h.  about  the  prcmifes, 
by  andvvith  the  confent  or  diic6tion  of  \X\^S<>^'^^CalebDoe 
his  heirs  or  afiigns,  or  without,  fo  that  fuch  money 
be  laid  out  and  expended  in  repairing  and  Tuppor ting 
tliefaid  premifcs,or  fomcpart  thereof,    in  witnefs,  &c. 


^hat  Lessee  shall  not  ass'tpn  his  Lease  or  let  the  Prel 
mises,  ^c. 

And  the  faid  Abel  Belt,  for  himfelf,  his  heirs,  exe^ 
cutors  and  adminillmtors,  doth  further  covenant,  pro- 
mifc  and  agree  to  and  with  the  faid  Caleb  Doe^  his  heirs 
and  affigns,  that  he  the  faid  Abel  Belt ^  his  executors  or 
admiriifuators,  fliall  not,  nor  will  at  any  time  or  tim.es 
hereafter,  during  the  continuance  of  this  demife,  affigii 
cr  fct  over  this  prefent  indenture  of  leafe,  or  leafe,  fet, 
or  let,  the  faid  prcmifes  hereby  demifcd,  or  any  part 
thereof,  for  all  or  any  part  of  the  term  hereby  granted, 
to  any  perfon  or  peifons  whomfocver,  (ufmg  or  exer- 
cifrngthe  trade  or  bufmefs  of  vi6lualler,  butcher,  &c.) 
nor  lliall  nor  will  make  cr  do,  or  caufe  to  be  made  or 
done,  any  addition,  diminution,  or  alteration  whatfoe- 
Ter,  into  or  about  the  meffuage,  or  tenement  hereby 
demifcd,  without  licenfe  and  confent  of  the  faid  Caleb 
Doe,  his  heirs  or  affigns  in  writing  firft  had  and  obtain- 
ed, for  all  and  every  one  of  the  purpofcs  aforefaid.  h\ 
witnefs,  &;c. 


COVENANT.  387 

^hat  Lessee  if  desirous  may  leave  the  Premises  ivilb^ 
in  the  term. 

And  laftly,  it  is  lu-rtby  covenanted  and  agreed,  by 
and  biitu't^-en  thcr  (aid  parties  hereti:),  and  it  is  the  true 
intent  and  meaning?  of  thcfe  prefents,  that  if  the  faid  A- 
bcl  Beck,  his  executors^,  adminillrators  and  affigns,  Ihall 
be  niiuded  and  defnons  to  leave,  yield  and  i^ive  up  the 

liiid  premiles  hereby  demited,  at  ihe  end  of }  ears, 

or  years  next  after,  the  ■  commencemenr  of  this 

prefent  demlfe  or  leafc,  and  Ihall  leave  or  give  si>; 
inonihs  notice  of  fneh  liis  or  their  mind  and  defire  in 
Vritin^  under  his  or  their  hands,  unto  or  for  the»  faid 
Cideb'Dne,  his  heirs  or  affigns,  immediately  preceding 

either  of  the    laid  terms  of  or    '—  years  ;   this 

prei^nt  indenture,  and  the  term  and  eftate  hereby  !2;rant- 
ed  Ihall  ceafe,  determine  and  be  utterly  void,  any  thing 
herein  contained  to  the  contrary  thereof  ia  anywife 
notwithllanding.     In  witaefs,  Kz, 


That  the  Lease  is  valid,' and  that  the  Parties  have  a 
right  to  Assign. 

And  the  Paid  Joseph  Aln_S;.  for  himfelf,  his  heirs,  ex- 
ecutors, and  adminillrators.  doth  cbvenont,  promife  and 
agree  to  and  with  the  faid  Paul  Poe,  bis  exccirtors,  ad- 
roinifuators  and  afiijjns,  by  thefe  preffnts  in  manner 
foliowing:,  that  is  fay  :  That  the  fnid  recited  indenture 
■of  leafe  made  and  JiTanted  to  the  f;iid  David  Goiv,  as 
aforefaid,  at  the  time  of  the  feali'.^  and  delivery  of 
thefe  prefentsis  gfood  and  efie6lna1  '.nd  vidid  ir  the  law,  ,  • 
of  and  for  the  prcmifes  thereby  demifed,  and  that  the 
fame  and  the  term  of  years  thereby  leafed  are  non-  in 
beinj:^,  and  in  no  v.'ife  forfeited,  fnrrendered,  i'^cnmber^ 
ed,  or  become  void  or  vo!(i-ble  ;  and  that  th»7  the 
faid  John  J  ones  and  Josel)h  King,  ^a^e,  or  one  of  them 
hath,  ill  themfelves  or  biuifclf  good  right,  full  pouer, 


588  COVENANT. 

true  title,  and  lawful  and  abfolute  authority  to  g:rant» 
bajg-.r.n,  IVll,  afUL:,!!,  iraa.-Jcr  as;d  let  over  the  picniifes 
"meant  or  inteiuled  to  be  hereby  aiiigued,  wilh  their  and 
cv^ry  oftijcir  lippa.Tencinccb  ur.Lo  the  faid  Paul  PuCj 
J^ib  exccut  .Ti,,  adiniaip.illrarors  and  afiigiis,  in  maiuier 
and  iorni  aibrefaid.     In  w  itaei's,  &.c. 


From  fwo  Lessees  to  Repair  and  peaceably  to  yield  up» 

Ar.d  the  laid  ./oi?//  Han':L' <v.'.Ci  Jun  Jtkni/Jor 
themfeives  feverally  and  refnedlive'y,  and  for  thtir  ie- 
veral  and  refpecVive  executors,  admliiiluaiors  aii<l  af- 
figns,  do  covenant,  promifr  and  agree  to  and  with  the 
faid  Alary  Cole  and  her  affigus,  ai.d  alfo  to  and  with 
the  perfon  or  ptrfons  that  Ihall  be  intitled  to  tlie  free- 
hold or  reverfion  and  inheritarice  of  the  faid  premifes 
from  and  after  her  deceafe  refpedively  by  thefe  pre- 
fents  in  manner  and  form  following,  that  is  to  fay  : 
That  they  faid  the  John  Handle  and  Jnn  Atkins,  feve- 
rally and  refpe6\ively,  and  their  feveral  and  refpc6livc 
executors,  adminiltrators  and  afiigns,  or  fome  or  one 
of  them  fljull  and  will  from  time  to  time  during  the 
faid  term  hereby  granted,  at  his,  her,  or  their  own  pro- 
per cofls  and  chary!;es  when  and  as  often  as  need  fliall 
require,,  well  and  fufficientij  repair,  uphold,  fnpport, 
fniiain,  maintain,  pave,  purge,  fcour,  cleanfe,  ditch, 
fence,  empty,  amend,  and  keep  the  faid  melTimges,  or 
tenements,  grounds,  and  premifes  hereby  demifed  ;  and 
all  other  buildings  and  crefiions,  which  during  the 
term  hereby  giant<  d  ihall  be  erected  and  built  on  the 
faid  demifed  piece  or  parcel  of  ground  and  premifes, 
and  ail  the  walls,  pofts,  pales,  rails,  fences,  pavements, 
grates,  privies,  finks,  drains  and  water- courfes  thereto 
belonging,  and  which  fhall  belong  to  the  fame,  in,  by 
and  with  all  and  all  manner  of  needful  and  necefTary 
reparations,  cieanfings,  and  amendments  -whatfoever  ; 


C  O  V  K  N  A  N  '1'.  289 

and  the  faicl  mciruagcs  or  tenements  and  prcmifcs,  and 
every  purt  tiiereol',  with  the  appurienanees,  and  all  the 
walls,  lences,  pavements,  links,  fcuers,  drains,  a.id  \va- 
ter-courtes  thereto  belonging,  fo  being  in  ail  things 
well  and  IViiileiently  repaired,  upheld,  lupported,  •  fui- 
tained,  maintained,  pa\ed,  purged,  leoured,  eleanftd, 
ditehed,  feneed,  emptied,  amendec'  and  kept^  lliall  and 
will  at  the  expiration,  or  other  fouwer  determinatiori  of 
this  prefcnt  ieafe  (uhieh  fiiad  firfl  l^appen)  pcaeenbiy 
and  ql'lietiy  leave,  furrender  and  yield  up,  unto  iucli 
perien  or  perfons  as  Pnall  be  then  intitled  to  the  free- 
hold or  reverilon  and  inheritance  of  the  faid  premiics. 


!r<?  Repair  the  Premises,  having  an  Allowance  of  Ma* 

tori  ah. 

And  alfo  that  he  the  {■^\(!(CalchCro\v^'\\^  executors, ad- 
niinillrators  or  afiigns,  ihall  and  will  at  his  and  their 
own  proper  coils  and  charges  from  time  to  time  and  at 
all  times^  during  the  continuance  of  this  demife,  when, 
where,  and  as  often  as  need  or  occalion  Ihali  be  or  re- 
quire, well  and  fufficiently  repair,  uphold,  fuppoit,fuf- 
tain,  maintain,  amend,  prefer\e  and  keep  the  laid  n^ef- 
fuagcs  or  tenements,  out- houfes  and  buildings  hereby 
demited,  and  all  the  v/alls,  hedges,  fences,  gates,  fliles, 
bridges,  and  inelohirts  tliereunto  belonging,  in,  by 
and  with  all  and  all  manner  of  needful  and  necefrarj'  re- 
parations, and  amendments  whatibever,  being  allowed 
on  the  faid  premifes,  or  within  — : —  dillanee  there- 
from, rough  tim!)eron  the  fiem,  bricks,  tiles  and  lime, 
for  the  doing  thereof,  to  be  carried  to  the  faid  demifed 
premifes  at  the  charge  of  the  faid  Caleb  Croiv,  his  ex- 
ecutors, adminiftrators  or  aillgns,  (cafualties  happening 
by  fire  without  the  wilful  default  of  the  faid  Caleb  Crow^ 
his  executors,   adminiflrators  or  afligns,  and  alfo  by 


690  COVENANT. 

lightmn,^and  tcmptfl  only  excepted;  (provided  fucW 

cUtiiiuges  exceed  at  any  one  time  do:iais,)   other-  ■ 

Vviil'  to  be  repaired  by  the  faid  Caleb  Cr<»tu,  his  execu- 
tors, admiaiftratorb  or  aiTio-ns  being  allowed  rotip,h  tim- 
ber, bricks,  tiicb,  and  limtj  for  the  doing  thereof  as  a-- 
forefiiid. 


^0  Faint  the  cutside  of  the  House  ei^ery  third  year, 
and  to  surrender  ivitb  certain  fixtures. 

And  aifo  that  he  the  faid  Joseph  Jamcs^  Iiis  execu- 
tors^ fedminlllrators  avid  ^fiigns,  fhail  and  vviil  at  his 
and  their  own  proper  cofts  and  chftrs^ea,  well  and  fuf- 
ficietttly  paint  all  the  oiufide  wood,  and  iron- work  be- 
Jongir.g  to'  the  faid  hereby  demifed  meiTuage  or  tcne- 
rricntand  premifes  every  third  year  during  the  conti- 
nuance of  the  faid  term  of years  hereby  demifed  ; 

and  at  his  and  their  like  proper  cofts  and  charges,  from 
time  to  time,  and  at  all  times  during  the  contiiuiancc  of 
the  faid  term,  when,  where,  and  as  often  as  need  or 
occafioii  fiiall  be  and  require,  well  and  fufnciently  re- 
pair,  uphold,  fupport,  mairitain,  gljize,  pave,  purge, 
icour,  cleanfe,  empty,  amend,  ard  keep  all  the  glafs 
v.indows  of  and  belonging  to  the  fnid  melTuage  or  te- 
nement and  premifes  hereby  demifed,  and  all-the  vv'ain- 
fcots,  rooms,  floors,  partitions  Jmd  cielings,  and  all  the 
jnfide  of  the  faid  meiTuage  or  tenement,  together  alfo 
M'ith.the  tileing  thereof,  and  all  walls,  rails,  fences, 
pavements,  grates,  privies,  fmks,  drains,  wells,  and  wa- 
ter-courfes  theret«  belonging,  or  whfbh  fliaU  belong  to 
thei;mie,'in,by  and.with  all  and  all  manner  of  needful 
and  necefTary  reparations,  cleanfing  and  amendments 
■whatfoever  (cafualties  happeningby  fire  only  excepted). 
And  the  faid  meiTuage  or  tenement  and  ipremifes,  with 
the  walls, rails,  fences,  pavements,  grates,  privies, finks, 
drains,  Tv'clls  and  water-courfes  thereto  belonging,  be- 


COVENANT.  %0h 

ing  in  every  rcrpe6l  fo  well  and  fiuTiciently  painted,  re. 
paired,  upheld, /uppoi  ted,  rullaintd,  maintained,  glaz- 
ed, pAvcd,  pLirf.jed,  icoured,  clcanl'cd,  cnipiicd,  aiTLeiul- 
ed,  and  kept,  liiall  and  will  at  the  expiiaiion  or  other 
fooner  detcrminaiion  of  the  laid  term  hereby  granted 
peaceably  and  quietly  leave,  Surrender  and  yield  up  un- 
to the  laid  Samuel  SoanufSy  his  cxceutors,  adminillra- 
tors  or  aflignii;  toj]jeti;er  with  all  and  fnij^ular  ithe  doors, 
locks,  kc}  s,  bolls,  bars,  vranileots,  chimney  pieecs» 
vindows,  t\indou-lluitttrs,  pai  titioris,dreriers,  fnelves, 
stater-pipes,  rail*  and  other  things  mentioned  and  ex- 
prtfied  in  the  fchedule  or  inventory  hereunder  written, 
in  as  good  plight  and  condition  as  the  fume  now  arc 
(reafonable  ulc  and  wear  thereof,  in  the  mean  time, 
cafualtirs  happening  by  fire  only  excepted.) 


Froju  Lessee  to   New  Rip  and  TlU   the  top   of  tha 
House  ivitb'm  the  last  stven  years  of  the  term. 

And  moreover,  that  he  the  faid  Joseph. Tones,  his  cx-» 
ecntors,  adminiUrators  or  afiip:n<<,  Paali  and  will  atfomc 
convenient   lime  or  times,  within  and  during  the  laft 

feven  years  of  the  faid  term  of  years  hereby   de- 

mifcd  (in  cafe  the  fmie  ihall  fo  long  continue)  at  his  or 
their  own  proper  colls  a::d  chars<es,  in  a  crood,  fubllan- 
tial  and  workman-like  manner,  well  andfulliciently  new 
rip  and  tile,or  cnu'e  to  be  new  ripped  and  tiled,  the  top 
of  the  laid  nieiruay;e  or  tenement  with  good  and  pro- 
per tileing. 


To  permit  Lessor  to  take  the  Bark  and  Tops  of  Trees 
cut  dovjtifor  Repairs. 

And  alfo,  that  he  the  faid  Caleb  Crow,  his  cxecu- 
tors,  admiiiillratori  or  afi^n;}  iijul]  au4  will  permit  annf 


392  C  O  V  E  N  A  N  T. 

fuffer  the  (lud  Mary  Mcitx  and  her  afligns,  during  fuch 
part  of  the  term  herc'oy  dcmifed  as  ihe.lhall  ha);pcii  to 
live,  and  from  and  after  her  dcceafc  fuch  ptrfou  or  per- 
fons  as  fhall  from  thenceforth  during  the  then  remain- 
der of  the  f.idterm,  be  intitled  to  the  freehold  and  in- 
heritance of  the  faid  premifcs,  to  have  and  take  the 
bark  and  tops  of  the  trees  which  fliail  be  cut  down  for 
the  repairs  of  the  premifes  as  aforefaid,  to  and  for  her 
and  their  own  ufe. 

That  the  Lessor  may  enter  to  Fieiv  the  Repairs. 

And  further  that  it  fhali  and  may  be  lawful  to  and 
for  the  faid  luoUy  Meux  and  her   aiTigns  during  fuch 
part  of  the  term  hereby  deniifed  as  ihe  Ihali  happen  to 
live,  and   from  and  after   her  deceafe  to  and  for  fuch 
perfon  or  perfons  as  Il^.all  from  thenceforth  during  the 
then  rcfidue  of  the  laid  term  be  intitled  to  the  fieehqkl 
and  inheritance  of  the  faid  prcniifcs  with  workmen  or 
others  in  her  or  their  company  or  without  twice  or  of- 
tener  in  every  year  during  tlie  term  hcrcljy   granted  at 
feafonable  times  in  the  day  time,  to  enter  and  come  in- 
to and  upon  the  faid  dem'.fed  premifes  or  any  part  there- 
of tl*e*~e  to  view,  fearch,  and  fee  the  edate  find  ccndir 
tion  of  the  reparations  of  the  fame,  and  of  all  def^udts, 
defc6ls  or  want  of  reparations  which  upon  every  or  any 
fuch  view  ihall  be  fiom  time  to  time  found,  to  give  or 
leave  notice  or  warning  thereof  in  writing  at  the  faid 
demifed  premilcs,  unto   and    for  the  faid  Caleb  CroiVy 
his  executoihs,  adminifiiators  or  ailigns,  to  repair  and 
amend  the  fame    within  the  fpace  of  two  months  then 
nextfollowing. within  vhich  faid  time  and  fpace  of  two 
motVihs  next  after  every  fi;ch  notice  or  warning  he  the 
faid  Caleb  Crow,  l»is  executors,    ndminiftrators  or  af- 
figns,  fliali  imd  vrill  repair  and  arnerid  tlic  fame  aceord- 
insrH^being  allowed  fuch  materials  for  the  doing  there, 
of  as  aforefuid  (except  as  hereinbefore  is  excepted.) 


C  O  V  K  N  A  N  T,  S9a 

.l/ioi/jcr. 

And  further,  that  it  iliall  and  may  be  hiwRil,  as  well 
to  and  for  the  iMdSamuvl  Soaincs,  bib  exccuiors,  ad- 
iiiiiiilliiitoifc,  iind  ailit^iis,  ab  the  chief  land.ord  lor  ihc 
time  bciiii^-,  o]  the  faid  hertby  demifcd  premii'fcb,  m  itK 
Avorkmen  or  others,  in  his,  tiieir,  or  any  of  tiieir  com- 
pany, or  uithonc,  twice  or  ofiencr  in  fvery  yejii  during 
the  faid  term  JKrcby  granted,  at  feaf(>nablc  and  conve- 
nicni  times,  in  the  aay-time,  to  tiuer  and  come  into 
and  upon  the  faid  iKieby  demiicd  jjremlfos,  or  any  part 
thereof,  thei  e  U)  view,  frareh  and  lee  the  true  Hate  and 
condition  thereof,  and  of  all  decays,  dcfe^ls  ami  want 
of  reparations  then  and  tiiere  from  lime  lo  time  found, 
to  j^ivc  or  leave  notice  or  warning-  in  v.nting,  at  or  up- 
on the  faid  demU'ed  premifes,  unto  and  for  the  WudJo^ 
sepb  Joncs^  his  executors,  adminHlrators  and  affi^ns,  to 
repair  and  amend  the  fame  wjthin  the  time  and  of  three 
mondis  then  next  following  ;  within  which  faid  time 
anil  fpace  q^  three  months  next  after  evov  oranvfiiclx 
nol'.ce  or  warning  as  afoit-.idid,  he  the  f-iid  ./c;^^?/;,^'/;:/*^^, 
for  himl^lf,  his  executors,  acnniniftrators  and  afligns, 
doih  hereby  covenant,  promiie  and  agree,  to  and  witli 
the  faid  Samuel  Soames,  his  executors,  adminiftrators 
and  afiigns,  well  and  fu fiiciently  to  repair  and  amend 
the  fame  accordingly,  except  as  aforefaid. 

That  Lessee  shall  use  the  Hay,  ^c.    on  the  premises^ 

and  spread  the  Ditvg  thereon. 

• 

And  alfo  that  he  the  faid  C::icb  Cro\v,  his  executors, 
adrainillrators  or  afligns,  Ihall  and  will  during  the  con- 
tinuance of  this  demife,  ufe,  andfpread  on  the  faid  de^ 
mifed  premifes  all  the  hay  and  ftraw  arlfing  therefrom, 
and  all  the  compoil  and  dung  which  Ihall  be  mad« 
thereby;  (liall  fpread  and  bellow  upon  the  faid  premifes 
in  aji  hufoaud-like  manner,  fave  only  the  compoil  or 


394    •  COVENANT. 

diin^  to  be  made  in  the  laft  year  of  this  dcniiic  \\lnch 
the  faid  Caleb  Cro%i\  bis  executors,  admiuiilrators  or 
alii gns,  Avail  leave  upon  the  laid  preniife-j  unto  aiul  lor 
the  faid  Mary  Alctix,  or  her  ailii^ns,  if  then  livnig,  but 
in  cafe  of  her  deceafe,  to  and  for  fuch  other  perfon  or 
peifons  as  fhall  then  be  intitled  to  the  freehold  and  in- 
heritance of  the  faid  premifes  without  being  paid  or  al- 
lowed any  thing  for  the  fame* 


T^at  Lessee  shall  fidloxv   the  LancU  ciTid    not   vioiv 
more  than  once  a  year. 

Arid  alfo  that  he  the  faid  Caleb  Croii^  hisexecutorf, 
adminillrators  or  ailigns,  fliall  not  cropor  fow  any  pait 
of  the  arable  land  which  he  hath  liberty  to  iieep  in  til- 
lage as  aforefaid  above  two  years  together,  but  every 
third  year  permit  the  fame  to  lie  fallow  and  unfowi\,  and 
not  crofs  crop  the  fame  or  any  part  thereof;  and  when 
and  as  it  fliall  be  laid  down,  fliall  and  will  fow  the 
fame  with  grafs  feed  in  an  hulband-likc  manner,  and 
fliall  not  mow  or  caufe  to  be  mowed  any  of  tne  mea- 
-dow  or  padure  ground  hereby  demifed  more  than  once 
in  any  one  year  of  the  faid  term,  but  (hall  and  will  dur- 
ing the  faid  term  plough,  fow, manure,  and  manage  alj 
the  ground  hereby  demifed  in  a  due  and  regular  courfe 
of  hufbandry  according  to  the  cuftom  of  the  country, 
and  preferve  all  the  trees,  youngoaksand  faplings  grow- 
ing on  the  faid  premifes,  and  not  do  or  comm-it,  or 
caufe  to  be  done  or  committed  any  jnanncr  of  wafte, 
fpoil,  or  dellru6\ion  in  or  upon  the  faid  demifed  pre- 
mifes or  any  part  thereof. 

.To  iay  devjnpartoftbe  Ground  ivitb  Clo'ver,  ^c^ 

And  alfo  that  he  the  faid  Caleb  Croiv^  his  executors, 
adminiftrators  or  afligns,  Hiall  and  will  the  fummer  pre- 
ceding the  cxpiratioii  oi-  other  fooiier  determination  cf 


COVENANT.  595 

this  dcmlfL',  fiimmer  fallow acres  of  fucli  part  of 

the  aral)lc  land  hereby  demil'cd  as  fluili  he  then  in 
courle  in  an  hulband-like  manner,  fit  to  be  fown  with 
a  crop  the  enfuin^  leafon,  and  alio  lay  down  with  clo- 
ver feed  and  ryc-grais  acres  more  of   the  arable 

land  hereby  demii'cd,  which  lluill  be  then  in  tiliai^e  and 
low  u])on  each  acre  thereof  eit^ht  pounds  of  the  belt 
clover  i'^^Ld  and  luo  buliiels  of  the  bell  rye  gVafsfeed. 

To  permit  Lessor  to  enter\  ^c.  and  culthatey  ^V. 

And  lliall  and  will  permit  and  fuffcr  the  faid  Mary 
Mt'itx  or  her  ailigns,  if  then  livin.i(,  but  in  cafe  of  her 
deceafc,  fuch  other  perfon  or  perfons  as  Ihall  then  be 
jntltlcd  to  the  freehold  or  inheritance  of  the  faid  premi- 
fes,  lier,  his  or  tiieir  ailigns^v  with  fervants,  horfes, 
ploughs,  carts  and  oilier  necellaries,  from  and  after  the 

day  of next  preceding  the  expiration  or   o- 

ther  fooner  determination  of  this  piefent  leafe,  to  enter 
into  and  upon  fuch  clofes  and  grounds  part  of  the  here- 
by demifed  premifes  as  by  courfe  cA  the  feafon  ihall 
tlien  lie  fallow  and  unfown,  and  the  fame  to  plough,  fal  • 
low  and  manure,  at  her,  his  or  their  free  wills  and  pjea- 
fures,  and  for  that  j^iurpofe  to  have  and  take  the  dui% 
thattiliall  be  tiien  in  the  yard  or  yards  belonging  to 
the  faid  demifed  premifes. 


That  Lessee  may  dispose  of  IJay  and  Stra^^a^  ^c. 

And  alfo  that  he  the  faid  Caleb  Crow,  his  executors, 
adminillrators  or  aQigns,  fliall  and  may  as  any  time  dur- 
ing this  demife,  except  ojily  in  the  lad  year  thereof, 
liave  liberty  to  difpofe  of  any  quantity  of  the  hay  and 
ilraw  arifmg  from  the  faid  prcmiies  on  bringhig  and 
laying  upon  the  fame  premifes  where  moil  iiced  re- 
quires, one  good  load  of  rotten  dung  for  ev«;ry  load  of 
hay  and  Ilraw  fo  ibid  and  difpofcd  of.       ^ 


596  C  O  V  E  N  A  N  T. 

JFrom  Lessor  to  proDide  Lessee  Malerlals  fo  rcpnir. 

And  the  faid  Mary  Meiix,  for  hcrfelf,  her  executors, 
acfminillrators  and  aiiigns,  dotii  covenant,  promile-  aiVd 
ao-rceto  and  with  thsr  laid  Caleb  Crow,  his  executors, 
admiAiilrators  and  alTigns,  by  ihelc  prefects  ia  manner 
folloxving,  that  ibto  l?.y,  that  Ihe  the  iVid  Mary  jVIcux, 
or  l.ei  a/'; jj^ns,.  during  i'ueli  part  o{  the  faid  term  as  ilic 
fliall  happen  to  hve,' and  tVom  and  after  her  deccaic, 
fuch  pel  ion  or  perfons  as  fliall  iVomthenccforth  diTrin;^ 
the  then  remainder  of  the  iaid  term  be  intitled  tpthe 
freehold  and  inheriuiifce  of  the  faid  premites,  fiiairarid 
wiii  fioni  time  to  time5at  fcafonable  times  in  the  year, 
.iipo!)  every  reofonable  requcft,  \^henandfo  often  as 
need  ihall  reqyii-f,  (hiring  the  continuance  of  this  de- 
'mife,  find,  provide  for,^iind  allow  unto  the  {liid  Caleb 
Crow,  his  excuutors,  adminiUrators,  or  afligns  on  the 

faid    demifed   premifcs    or  within diilancc  there- 

fiom,  necetBiry  rough  timber  on  the  ilem,  bricks,  tiles, 
and  lime,  for  inch  the  repairs  of  the  iliid  melfuages  or 
tenements,  out-houfcs  and  buildings  hereby  demifed, 
together  with  the  gates,  fliles,  pails,  raih  and  fences 
1i),elongnig thereunto  refpe6li\eiy,  as  aforefaid,  the  faid 
maieriais  to  be  carried  to  the  faicV  demifed  prcmifes  at 
the  charge  of  the  faid  Caleb  CrciVy  his  executor^  ad- 
niiniilrators  or  afiigns. 

That  certain  Trades  shall  not  he  exercised  upon   the 
Premises. 

And  alfo  that  he  the  faid  Joseph  Jones,  his  executors, 
adm.iniftratois  and  aiTigns,  fiiall  not,  nor  uill,  during 
the  continuance  of  the  faid  term  hereby  granted,  per- 
mit or  fuiTer  any  perfen  or  perfons,  to  ufe  or  follow  in 
or  upon  the  faid  hereby  demifed  mcffuage  or  tenement 
and  premifes,  or  in,  or  upon  any  part  thereof,  the  trade 
«f  a  chair-niuker,  butcher,  currier,  foap-boiler,  brev^^er, 


C  O  V  E  N  A  N  T.  397 

dirtiller,  tril!o\r-cliancl!cr,  fu[^ar-baker,  tinman,  plum- 
ber, dyer,  fiiiiih,  or  any  iiaulcoub  or  offtnlne  bulintfs 
^vh:lt^oever,  w  iihout  the  liceiife  and  conient  of  the  laid 
Somuil  So  unts^  his  executors,  admijiillrator.'s  or  af- 
fis^Tis,  full  had  and  obtained  in  writiui^  lor  that  purpolc. 

That  Lessor  shall  pay  the  Taxes, 

That  lie  the  faid  Simiicl  Soavies^  his  executors,  ad- 
mi^^aiorb  and  aliigns,  Iha.l  and  will  iVoni  time  to 
tiawfand  atail.times  duringtbe  laid  term  hereby  grant- 
ed, well  and  truly  pay,  or  allow  out  of  the  rent  hereby 
relerved,  all  rates,  taxes»  duties,  char!2;es  and  allelV- 
ments  whadbcver,  that  Iball  or  may  be  a'aelFed,  char- 
ged, rated  or  impofcd  on  the  find  hereby  demil^ed  prc- 
mifes,  or  any  part  thereof,  and  thereof  and  therefrom 
fuve  harmlefs,  and  keep  n)deninified  the  laid  Joseph 
Joju's,  his  executors,  adminiUrators  and  ailigns,  and 
alio  his  and  their  lands  and  tenements. 


Covenants  to  reneiv  a  Lease. 

And  further  that  the  faid  church- wardens  of  t!ic  faid 
church  as  aforefiid,  or  their  lucceirors  for  the  time  be- 
ing, iliall  and  will  at  the  cofls  and  charr^cs  of  the  faid 
Jo/jfi  IlolmcSy  his  executors,  aciminiibators  and  afllgns 
(if  thereto  requcilcd  by  him  or  them,  11^  months  befoie 
the  expitjation  of  the  tern)  hereby  deuiifed)  grant  ano- 
ther leafe  of  the  aforclaid  [jremiu-'s  lo  the  faid  John 
Holmes^  his  executors,    adminillratorb  or   alliens,  for 

the  further  term  of years,  to  commence  from  the 

expiration  of  the  term  hereby  granted  thereof,  at  and 
under  the  fame  yearly  rent,  and  containing  therein  the 
like  covenants  and  agreements,  as  are  in  thefe  j)refrnts 
contained,  he  the  faid./(3/j////c;/;;;t'5,his  executors, ;iflmi- 
liiift-rators,    or  afligns,   e^cQuting  at  the  funic  time  .a 


5?8  C  O  V  E  N  A  N  T. 

counterpart  thereof,  and  alfo  paying-  the  fum  of > 

dollars  to  the  laid  church- wardens  for  the  time  bting, 
ovi  lat'ir  exccutiiig  fi.eh  new  leafe  :  And  alfo  tii.it  the 
faid  church-wardens,  or  their  fucceirors  foi  the  time 
beinj^,  Ihall  and  will  in  like  maimer  on  the  expiffttion 
offach  new  leafe,  fo  to  be  granted  of  the  laid  j^rennftts 
SIS  aiorefaid,  at  the  like  requeil,  coltb  aijd  charges  of 
the  fdid  jfobu  Holmes,  his  executors,  admmiftrators 
end  aaij^ns.  tyrant  a  fuither  ieafe  of  the  fame  prem:fes» 
to  the  faid  John  Holmes,  his  executors,  adminiilrators, 

or  aliiifus,  for  the  further  term  of years,  to  .j||p^- 

luence  from  the  expiration  of  fuch  new  iniended^ile, 
at  and  under  the  fame  yearl}-  rent,  covenants  aid  :'gree- 
lueiUs  as^are  in  thefe  [)refents  contained,  ard  fo  from 
time  to  time,  on  the  expiration  of  every  fuch  renewed 
leafe  of  the  faid  premiies,  iliall  and  will  at  the  like  re- 
quell,  colls  and  charges,  grant  a'like  leafe  thereof  to  the 
laid  John  Holmes,  his  executors,  udminiilrators  or  af- 

ii[^r>s,  for  the  further  term  of years,  to  commence 

JTom  the  expiration  of  every  fuch  laft  reiiijEwed  leafe, 

until  the  full  term  of years,  to  be  computed  fiom 

ihe  commencement  of  this  prefent  leafe,  ihall  have 
been  granted  of  the  faid  premifes,  to  the  faid  John 
Holmes,  his  executors,  adminiilrators  or  alfigns,  by 
luch  fucctfiive  Icafes  as  afgrefiid,  he  the  faid  John 
H<>imes,his  executors, adminiftrators  or  aflio:ns,  always 
paying  the  fum  of — dollars, unto  the  faid  church-war- 
dens, or  ti-ieir  fucceffors  for  the  tim.e  being,  on  their 
granting  every  fuch  reriewed  or  further  leafe  of  the 
faid  premifes  as  afortlaid,  and  alfo  at  every  fuch  lime 
or  times  executing  a  counterpart  and  counterparts 
thereof.     In  vvitnefs,  Sec. 

That  Lessee  shall  pay  the  Rent  and  all  the  Taxes. 

And  the  faid  Josef  b  Jones  doth  hereby  for  himfelf, 
te  executor,  a(im:mft raters   and  afligns,  covenant;, 


CO  V  E  N  A  N  T.  3S» 

• 
promrfc  and  agree,  to  and  with  the  faid  Samuel  Smack, 
))is  i.xecutors,  adminiUratorsi  and  alligjis,  by  ihclt- pre- 
Iciitb,  in  luajuier  and  Ibnn  following,  that  is  to  lay,  iliafc 
that  he  the  i'liid  Jom'oh  Jon(ss^  his  executors,  admini- 
ilrat<if*i  or  ailjgns,  Iliall  and  will  yearly  and  every  year, 
du-in^  \\vi  continuance  of  the  faid  termherei^ydcmifcd, 
A\ell  cind  truly  pay  or  caufcto  be  paid  uwto  the  faid  6V:- 
mud  .yn/<7f/',  hiiS  executois,  adminiftraiors  or   ailigtis, 

the  laid  yearly  rent  or  fum  of dollars,  ofi  the  fe- 

veral  days  and  times,  and  in  mhnner  and  form  as  the 
fame  is  hereinbefore  rcferved  and  made  payable  ;  and 
alfo  (hall  and  will  well  and  truly  pay,  or  caufe  to  h& 
paid,  all  tlie  taxes,  rates  and  aifelhucnts  uhauoever, 
which  now  arc  or  niall,or  mayatany  timchercafLcr,dur- 
inj^  the  contini'.ance  of  thq  faid  term  hercl;y  dcmifed, 
be  rated,  taxed,  cliarged  or  afrcired,QU  the  faid  dcmifecl 
prc;uifei,  or  any  part  thereof. 

Not  to  sufer  any  Nulsajice. 

And  tliat  he  tlicfaid  R'lon  Cliffy  his  executors,  ads- 
irtinillrators  and  ailii^ns,  ILall  not,  nor  will  durini]^  the 
iaid  term  hereby  granted,  permit  or  fnfTcr  any  perfon 
or  perfons  to  ufe,  exereife,  or  carry  on,  in,  or  upon  the 
faid  hereby  demifed  premifts,  or  any  part  thereof,  any 
trade  or  bufinefs  \\hieh  may  be  naiifeous  or  ofTcnfivCjOF 
grow  to  the  annoyance,  prejudice  or  dillurbance  of  any 
of  the  other  tenants  of  the  faid  Mary  Bcw  near  ad- 
joining thereto. 

To  insure  the  premises  from  F'ln?^   and  to  rebuild  in 
case  of  Damage. 

And  that  he  the  faid  Rion  Cliff,  his  executors,  ad. 
xninillrators  anrl  adic^ns,  fludl  and  will,  at  his  and  their 
own  proper  coils  and  charges,  from  lime  to  time   fuf 

I 


400  CO  V  E  N  x\  N  T. 

ficiently  infure  all  aiul  everv  the  melTuns^es  or  tene- 
ments, ereclioiis  or  biiiidings  which  fiiiili  be  ereclcd 
and  built  upon  the  faicl  pieee  or  parcel  of  ground  litre- 
by  demiied,  or  any  part  thyreof  from  cafuaities  by  tire, 
during  the  then  reiliainder  of  the  fiiid  teri-n  hereby 
granted,   in  fome  or  one  of  the  public  oBiccs  kept  for 

that  purpofe  in ,  and  in  cafe  the  faid  meffni'^es  or 

tenements,  ere61ions  or  buildings,  or  any  of  them,  or 
any  part  of  any  of  them,  lljali  at  any  time  or  times  dur- 
ing the  faid  term  be  burnt  do^vn,  dellroyed  or  damaged 
by  fire,*  fnall  and  wiii  from  time  to  time  immediately 
afterwaids  rebuild,  or  well  and  fuHiciently  repair  the 
fame. 


To  Build. 

And  that  he  the  faid  Rion  Cliffy  his  executors,  ad- 
miniftrators,  and  afiigns,  fliall  and  will  before  the  e\])i- 
ration  of  the  firft  year  of  the  faid  term  hereby  granted, 
at  his  and  their  own  proper  coils  and  charges,  ercfSl", 
build,  complete  and  in  a  workmanlike  manner,  iinilh 
one  or  more  good  and  fubilantial  brick  m.eluitiges  or 
tenements,  upon  fonie  part  of  the  ground  hereby  de- 
mifed,  and  Ihali  and  will  lay  out  and  expend  therein 
the  fum  of dollars  or  upwards. 


From  AsrAgner  that  neither  he^  his  Intestate,   n*-  any 
other  Person^  hath  done  any  Act  to  incui:  Sc. 

And  the  foid  John  JFatts^  for  himfelf,  bis  neirs,  exe- 
cutors and  adminiUrators,  dodi  covenant,  pi  omif:\  and 
agree  to  and  with  the  faid  James  Turn,  his  executors, 
adminillrators  and  aifigns,  by  thefe  preicnts,  in  manner 
following,  tiiat  is  to  fay,  that  for  and  notwithftandirg 
any  act,  matter  or  thing  by  him  the  laid  John  lVr>ttSy 
•r  the  faid  Penelope  Hill,  JFiliiam  PFattSj  of — -,  and 


COVENANT.  401 

JVilUam  JVatts^  the  gi.ti.ci  nephew  or  any  or  either  of 
thcni.  :nadc,  done,  co»iin\iited,  or  wittini^iy  or  willing- 
ly, fathered  to  the  couiiaiy,  the   laid  recited  indenture 

of  icafe   or  dtmife   of  the  day  of ,  is   at  the 

time  of  tlie  feahii^  and  delivery  hereof,  a  gjod  fubhll- 
inij  and  fufficicnt  leafe,  vahd  in  the  law,  of  and  loi  the 
premifes thereby  deniifed,  and  not  forfeited,  futrender- 
ed,  or  become  void  or  voidable  ;  and  that  he  the  faid 
John  JVcitts,  now  huth  in  himfelf,  .giv^d  right,  full  pow* 
er,  and  law  fid  authority  to  i^rant,  aflitj^n,  and  transfer, 
releafe,  ratify  or  con{i>m,  all  and  hn^i^mar  the  premifes 
mentioned  or  intended  to  be  heitby  aflij^iied,  with  the 
appurtenances,  unto  the  faid  y'lints  Tiirfiy  his  execu- 
tors, arimi  liflrators  and  aflis^ns,  in  manner  aiul  fomi  a- 
forefaid,  and  according  to  the  true  intent  and  meaning 
of  thcfe  prefcnts. 

J^rom   Grantor  that  he  has  j^ood  fight   to  grant  and 

convey. 

And  the  faid  Thomns  Half,  doth  hereby  for  himCelf, 
his  heirs,  executors  and  adminiftrators,  covenatU,  pro- 
inife,  f;rant  and  aj^^ree  to  and  with  the  faid  Ldmund 
Ga/c\  his  hei's  and  affisrnii,  in  manner  fo'Iowinp^,  that 
is  to  Tiy,  that  he  the  faid  Tbo7nas  Hrll^  now  hath  in 
himfc'.fgood  right,  full  power,  and  lauful  and  abfolute 

authority  to  grant  and  convey  the  faid ,  in  maa- 

ncr  aforcfaid. 

That  the  Grantor  is  seised  in  fee  simple^   ^c. 

And  that  he  the  faid  fHn  Giles,  now  is,  at  the  time 
of  the  fealing  and  delivery  of  thcfe  prefcnts,  lawfully, 
riajhtfully  and  abfolutely  fcifed  of  and  in,  or  well  and 
fufficiently  intitled  unto  all  and  fmgular  the  faid  melTu- 
ap^es,  farms,  lands,  hereditaments  and  premiR  s,  here- 
inbefore mentioned  and  del'ciibcd,  with  their  and  every 
of  their  rights,  members,  and  appurtenances,  of  a  good. 


Aot  C  O  V  E  N  A  N  T» 

fure,  perfe^l,,  alifolute  and  indeft- afible  eftate  of  inher* 
itanee  in  lee  limple,  Tvithoutany  iiiauiier  oi  condition, 
trud,  power  ot  revocation,  remainder,  or  iiniiiation  of 
an}  ule  or  ules,  or  other  rcilraint^  matter  or  thing  \\  hat- 
Ibevcr,  to  aher,  change,  charge,  defeat,  incumber,  re- 
volve or  make  void  the  fame  ;  and  that  for  and  notwith- 
ftandiiigaii}-  fuch  a6\,  deed,  matter,  or  tiling  whitifoe- 
Ver  as  aforefaid,  he  the  find  fi^in  Gijes,  now  at  the  ftal- 
ingofthefe  prefents,  hath  in  himteif  good  right,  full 
power,  and  lawfnl  and  abfoiute  audioriiy,  to  give,  grant 
and  confirm  the  iliicl  annuity,  yearly  rent-charge  or  an- 
nual film  of dollars,  unto  the  faid  .4i  tbur  Ayrcs^ 

his  executors,  adminiftrators  and  jifiigns,  for  and  dur- 
ing the  term  of  the  natural  life  of  him  the  faitl  Win 
Giic'S,  and  alfo  to  demife  and  grant  the  faid  meffuagcs, 
farms,  lands,  hereditaments  and  premifes  hereinbefore 
mentioned  and  demiied  to  the  faid  Betsy  Blocm^  her- 
executors,  adminillralors  and  afiigns,  for  the  term  of 
— —  years,  as  aforefaid,  upon  the  trulls  hereinbtfore 
mentioned. 

^C?"  The  covenants  ufual^y  entered  into  by  a  vendor, 
feifed  of  the  inheritance,  are  1ft,  that  he  is  feifed  in 
fee  :  2dly,  that  he  has  power  to  convey  :  Sdly,  for 
quiet  enjoyment  by  the  purchafcr,  his  heirs  and  afiigns: 
4thly,  that  the  lands  fliali  be  holden  free  from  incum- 
brances :  anil  laflly,  for  further  alTurance.  The  five 
covenants  are  fever^l  and  diftir6l,  but  the  firft  and  fe- 
cond  of  thtra  are  fynoncmous  ;  for  if  a  man  be  feized 
2n  fee,  he  has  pow  er  to  feU.  Biit  the  converfe  cf  this 
propolition  is  not  univerfally  true.  A  man  having 
merely  a  power  to  appoint  an  eftate  cannot  be  faid  ta 
be  feifed  in  fee  of  the  eftate,  although  he  has  a  right  to 
convey  :  And  accordingly,  in  cafes  of  this  nature,  Jt  is 
iifual  to  omit  the  nrft  covenant,  and  to  infert  a  cove- 
nant, that  the  power  w  as  well  created,  and  is  not  fuf- 
pended  or  extinguiOied.     Sec  Siigdcn^  ^1^.    . 


COVENANT.  403 

Trom  Assignee  that  be  ivi/I  Toitb  all  cownenlcnt  speed 
get  in  the  BdnkrupL''s  Effects ^i:^c. 

And  the  fakl  John  Trest,  for  himfclf,  his  heirs,  c!:e- 
eiiiors,  aiid  adniinillrators,  doth  covenant,  promife  and 
agree,  to  and  with  the  laid  commiirioners,  parties  liere- 
to,  ilieir  executors  and  adminiflrators,  and  to  and  with 
pv;  r\  oUbem,  b)'  fhefc  prefcnts,  that  he  the  faid  John 
Jl'cst^  his  executors  and  a(hvinr.lliat«jrs,  lluill  and  will. 
With  all  convenient  fpeed,  by  all  lawful  ways  and  means 
wlkiifoever,  ufe  his  and  their  heft  and  utmoft  means 
and  endeavors  to  receive,  recover  and  get  polfeflion  of 
the  effcQs  of  the  faid  John  Child,  unreceived  and  not 
difpofed  of;  and  flj:dl  and  will  from  time  to  time,  with 
all  convenient  fpeed,  after  receipt  and  poffeflion  had 
and  obtained  of  the  fame,  or  any  part  or  parcel  thereof, 
rutke  fale  and  difpolition  thereof  for  the  mod  and  belt 
value  he  or  they  can  c^et  for  the  fame  ;  and  alfo  flialL 
and  will  from  rime  to  time,  and  at  -dl  times  hereafter, 
upon  requelt  and  reafonable  notice,  render  and  g've 
unto  the  faid  commifiioners,  parties  to  thefe  prefents, 
or  the  m^ijor  p;irt  of  the  commiliioners,  by  the  faid  re- 
newed eommifiion,  or  any  other  renewed  commilTiori 
authorifed  at  fnch  time  and  place  as  they  fliall  appoint^ 
a  j'lft,  true,  fair  and  perfect  account  in  writing;,  u^nlec 
the  hand  or  hands  of  the  Hdd  John  IVcjt,  his  executors^ 
and  adminiftrators,  of  what  and  how  much  money  or 
other  fatisf  ic\ion  he  or  they  lliall  have  recovered  and 
received  by  virtue  or  means  of  this  prefent  deed  of  af- 
fic::nment  or  ot.herw!fc,out  of  the  eftate  and  efil'6\s  of  the 
faid  John  Child,  and  fuch  monies,  or  other  llitisfacl ion 
as  upon  fuch  account  or  accounts  ihall  appear  to  be 
liad,  tccbvercd  and  received  by  him  the  fiid  John  IVcst^ 
his  executors  and  adminiitrators,  as  aforefaid,  he  the 
faid  John  West,  his  executors  and  adminiftrators,  fliall 
and  w^ill,  well  imd  trulv  pnv  or  caufe  to  be  paid  unto 
the  faid  commiflioners,  parties  to  thefe  prefents,  or  the 


4(54.  COVENANT. 

niiijor  part  of  the  conimiflrioner&  by  the  faid  renewed 
commjlhon  authoriled,  to  the  ena  ihc  Hunt  may  be  by 
iheni,  or  the  major  jniri  of  them,  ouiertd,  clifpcftd, 
dilli  ibiittd,  iiividtd  and  fct  over  unto  and  anions.,it  him 
the  faid  John  fVi'St'dn(.\  fuch  other  creditors  oi  the  faid 
John  C£>//d,  who  have  ahcady  foiis^ht  or  iliall  htreaiter 
in  due  time  come  in  and  (cek  relief  unc  er  the  fa;d  com- 
miiiion,  according  to  the  true  intent  and  meaning  of  the 
Hiid  Itatutes. 


To  indemnify  Commissioners  of  Bankrupt. 

And  lallly,  the  faid  John  West,  for  himftlf,  his  heirs, 
executors  and  adminiftrators,  doth  further  covenant, 
promife  and  agree,  to  and  with  the  faid  commiflioners, 
parties  hereto,  their  heirs,  executors  and  adminiftra- 
tors, and  every  of  then),  by  thife  prtfents,  that  he  the 
faid  John  IVcst,  his  executors  and  adminiftrators  fliall 
and  will  from  time  to  time,  and  at  ail  times  hereafter, 
well  andfufficiently  fave,  defend,  keepharmlefs  and  in- 
demnified, all  the  faid  commifiioneis  in  and  by  the  faid 
renewed  commiflion  named  aj\d  authorifcd,  their  heirs, 
executors  and  adminiftrators,  and  every  of  them,  their 
and  every  of  their  lands,  tenements,  goods  and  chattels, 
and  their  ^s:ents,  of  and  from  all  and  all  manner  of  ac- 
tion and  a6lions,  fuits,  arrefts,  troubles,  cofts,  dama- 
ges and  expenfes  whatfoever,  which  they  or  any  of 
them  fhall  or  may  fuftain  or  be  put  unto,  for  or  by  rca- 
fon  of  this  prefent  deed  of  afiignment,  or  any  other  a6l, 
matter  or  thint^c  whatfoever,  by  them  or  any  of  them 
lawfully  done  or  executed,  or  to  be  done  or  executed 
by  virtue  of  the  faid  referved  commilTion,  or  their  or 
any  of  their  lawful  intermeddling  in  any  of  the  efFc6ls 
of  the  faid  John  Child^  in  execution  of  the  faid  com- 
miifion. 


C  O  V  E  N  A  N  1\  -405 

From  Creditors  to   accept  a  Composition,  av.d  to  in- 
dcvuiij'y^  ^c, 

.  And  laflly,  the  faid  ftrveral  creditors,  parties  to  thcfe 
prefcnts,  every  ol"  liiem  covciiaiitiiig  leparalcly  anda- 
part,  lor  himlelf,  his  refpe6\ive  heirs,  executors  and  ad- 
miaillraiurs,  do  ilverally  covenar.t,  promife  and  agree, 
to  and  u  ilh  the  laid  Jo.bn  Goss,  party  hereto,,  and  Ho- 
tert  Cass,  tlicir  executors  and  adniinillrators,  to  and 
vviiii  each  and  every  of  them  by  thcfe  prefcnts,  that 
they  the  lame  fevcral  crechtors,  their  executors  and 
adminillrators,  Ihail  and  Avill  accept,  take,  and  receive, 
of  and  IVom  the  fan^.e  Jobn  Goss,  his  executors  and  ad- 
minillrators, the  leveral  fums  of  money,  at  and  againft 
the  refpeclixe  names  of  them  the  laid  creditors,  fet 
down  and  exprelled   under  thefe  prefents,  being  after 

the  rate  of cents  in  the  dollar  of  their  refpedive 

debts,  in  full  iatisfac\ion  and  (hfch;vrge  thereof,  to  be 
paid  at  iuch  days  and  times,  and  in  inch  proportions  as 
are  hereinbefore  mentioned  and  exprelled  :  And  that 
from  and  after  payment  of  the  faid  compolition  money, 
they  the  i\ik\Jo/j/i  Goss,  party  hereto,  and  Roba  t  Goss^ 
their  refpec\ive  executors  and  adminillrators,  Ihall 
fland  and  be  forever  releafed,  acquitted  and  difcharged, 
by  thefe  prefcnts  from  all  and  every  fum  and  fums  of 
money,  delits  or  demands  due  or  owing  by  them  or 
either  of  them,  to  their  faid  fevcral  creditors,  or  any  of 
them,  from  the  beginning  of  the  world  to  the  dny  of 
the  date  of  thefe  prefcnts.  And  further,  that  foiaf- 
much  as  the  faid  Robert  Goss,  at  the  inllance  of  his 
faidcreditois,  hath  by  thefe  prefcnts  atligned  and  trans- 
ferred to  the  faid  John  Goss,  party  hereto,  all  his  ynwt 
ellate,  and  part  of  his  feparate  ellate,  and  hath  agreed 
to  convey  the  rclidue  of  his  feparate  ellate  in  the  manner 
hereinbefore  exprelTed,  they  the  laid  leveral  creditors, 
their  refpc^live  exer.utors  or  adminillrators,  Pnall  and 
will  indemnify  and  lave  harmlefs  the  faid  Robert  Goss^ 
his  heirs,  executors  and  iidminiftfiUprs,  gf,   hvni  and 


406  ^    eOVENANT. 

againll  allfuchcofts,  cli.ngTs,  damagts,  and  expcnfcs*, 
as  iViv-di  or  niay  in  cafe  oi  any  dciauit  oipa)  nu'nl  by  the 
faid  f'hn  Goss^  his  heirs,  oitcutors  or  udmnuitiacors, 
be  recovered  againft,  or  be  fuiiai'ued,  expended  or  be- 
€ome  piyabse  by  hi;n  the  laid  Robert  G'y.v5,his  htiis, 
execi;  •'  -  or  acimiiiiltrators,  in  any  ac\ion  or  fuit,\vbit'h 
may  iieicjfier  he  commenced,  fued  oc  profecuted  by 
tbem  'ihef.iid  creditors,  their  executory  or  admini{liu% 
tors,  wi  u.v  of  tiiem,  for  the  recovery  of  any  debt  oX 
debu  loiheai  relpedlivciy  due  or  ouini^. 


That  Mortgagor  till  default  may  enjoy. 

And  laftly,  it  is  agreed  by  and  between  the  faid  par^ 
ties  to  thefe  prefents,  that  until  default    Ihaii  be  made, 

of  or  in  payment  of  the  faid  fum  of doihus,  con- 

trarv  to  the  covenant  or  conditions  aforcfuid,  it  ihall 
andmay  be  lawful  to  and  for  the  faid  Richard  JVren^ 
his  heirs  and  affipcns,  peaceably  and  quietly  to  hold  Hud 
enjoy  the  faid  meduatres,  &c.  a: id  all  and  fmgular  other 
the  premifes,  with  their  appurtenances,  and  receive 
and  take  the  rent,  iffues  and  profits  thereof  to  bis  and 
tkeir  own  nfe  and  ufes,  without  any  let,  fuit,  trouble, 
denial  or  interruption,  of  or  by  the  faid  Peter  Coles,  his 
executors,  adminiftrat.ors  or  afiigns,  or  any  perfoft 
siaiming  or  to  claim  under  him  or  them. 

From  Grantor  to  pay  an  Annuity  frscf  cm  Taxes, 

And  the  faid  Abner  .4pp.  fnr  himfHf,  his  heirs,  exe- 
cutors, admini(lratorsand'an-£2:ns,  doth  covenant,  grant, 
and  agree,  to  and  with  the  faid  Bion  BeruL  his  execu- 
tors, admisnih-ntorsand  afT.o^ns,  hy  thefe  ]>renM-its,  that 
he  the  fai(i  Abner  4pp.  h's  executors,  adnViniftrators 
oraiup:ns,  or  forne  or  ore  r>f  <liPm,  ?\-^-\V>  and  will  well 
ajid  truly  pay.,  or  eaufe  to  be  paid  unto  the  faid  Bm 


C  O  V  E  N  A  N  T.  407 

X^end,  His  executors,  adiv.iniftrators  or  alTc^s,  for  and 
diKini^-  all  the  rcduc  and  rcuii-^indcr  oi  iiic  IdidWrm 
of — years, in  ynd  l)J  the  laid  recited  in  cntiiit  ol  Icafe 
dcmilcd  as  ah.) .e laid,  uluch  arc  now  to  come  and  unex- 
pired, Liie#ui(i  aiinuiiy,  or   }vaily  ici'.toi' dollars, 

on  the  fevcral  and  rel'i)t6live  da\  s  and  times,  and  at  the 
phic'c  above  limited  and  appointed  Cor  payment  thereof, 
without  any  delalcation  or  abatenieut,  lor  or  by  realbii 
of  liny  taxes,  chaiges,  ail'tiimeiits,  or  other  matter  or 
ihing  whatlbcver. 


From    the  Assignor ^  that  the  Arwuity   has  not  been 
paid  for  th>  cc  years. 

And  the  faid  Francis  Fish,  lor  himfclf,  his  heirs, 
executors  and  adminilbators,  doth  hereby  covenant, 
promife  and  agree  to  and  with  the  faid  James  Jones,  his 
executors,  adminiilrators  and  afiij^ns,  in  maimer  lol- 
lowinaj,  that  is  to  fay,  that  no  part  of  the  faid  hereby 
conveyed  and  affip^ned  am  uity  or  yearly  rent-charge,  of 

dollars  hath  been  paid  to,  or  received  by  him  the 

faid  Francis  Fis/j,  lor  upwards  of  three  years  laft  paft. 


To  cowoey  a  Life  Fsfate^ 

And  in  order  fully  to  effe^l:uatc  fuch  further  part 
fefthe  propofal  and  as^reement  aforefaid,  as  on  the  part 
of  the  faid  Robert  Go^s,  rem;iir.s  to  be  performed;  the 
laid  Robert  Goss^{o\  himfllf.  his  heirs,  executors  and 
iidminiltrators,  doth  covenant,  promife  and  agree  to  ai^d 
v.ilh  the  faid  John  (In ':*^  \>:ir^y  hereto,  hisexfcutors 
and  adminiilrators,  by  thrfe  prefents,  that  he  the  faid 
Robert  Goss^  fliall  and  will  as  fnoli  as  convenienth  frray 
be,  by  fuch  good  and  fufficienT  ron\eyances  and  afiiir- 
ances  in  the  Ian-,  as  enuniel  Ihall  advife,  c®n\(y  and 
ftlVure,  the  laid  mgietv  or  half  part,  whereof  he  is  ixow 


408  COVEN  AN  T. 

feifed  as  aforcfaid,  of  and  in  the  faid  feveral  mcfTuages, 
"wharves,  lands,  tenements,  and  Ivireditaments,  late  the 
ellate  of  the  laid  John  Edes,  fitiiate,  lying  and  being  \\\ 

the  faid  counties  of and ,  fiibjeft  to  tiie  ef- 

tate  and  interell  of  the  ^ivA  Eliza  Ecles  tJ-ferein,  unto 
and  to  the  uie  of  the  faid  John  Goss,  party  hereto,  his 
heirs  and  afiigns,  for  and  during  the  term  of  the  natural 
life  of  him  the  faid  Robert  Goss,  without  impeachment 
of  waile. 

I^ro?n  the  Husband  that  the  Wife  shall  enjoy  her  Jcvj' 

els^  ^c. 

And  in  purfuance  of  the  aforefaid  agreement,  on  the 
part  of  the  faid  JVm  Jones  in  that  behalf,  he  the  faid 
IVin  Jones,  for  himfelf,  his  heirs,  executors  and  ad- 
niiniilrators,  doth  covenant,  promife  and  agree  to  and 
"with  the  faid /cJ/^/z  Back  and  Thomas  Ham,  their  heirs, 
executors,  adminillratorsand  afiigns,  by  thefe  prefcnts, 
that  in  cafe  the  faid  intended  marriage  Ihall  take  efit  61:, 
it  fnall  and  may  be  lawful  to  and  for  the  faid  Mary 
Jiack,  from  time  to  timt,  and  all  times  during  the  joint 
lives  of  them  the  faid  JFin  Jones  and  Mary  Baek,  to 
have  the  pofTeifion  and  enjoyment  of  all  the  jewels,  dia- 
rnonds,  watches,  rings,  and  other  ornaments  of  herper- 
fon,  which  flie  is  or  Ihall  hereaf'er  be  poficfied  of;  and 
alfo  all  the  plate  which  flie  is  now  or  hereafter  may  be 
poflefled  of,  and  to  fell  and  difpofe  of  the  fame,  or  any 
of  them,  or  any  part  thereof  re  fpe61ively,  to  fuch  per- 
fon  or  perfons,  and  in  fuch  manner  as  flie  fliall  think 
proper,  notwithftanding  the  faid  intended  coverture, 
and  as  if  flie  was  fole  and  unmarried. 

From  Husband  to  secure  by  Will  to  his  JVife^  a  suit' 

able  House,  l^c. 

And  for  the  confiderations  aforefakl,  he  the  faid  Na-* 
than  Nichohj  for  himfelf,  hib  heirs,  executors  and  ad- 


COVENANT.  im 

li^iiniftrators,  doth  covenant,  promifc  and  agree,  to  and 
\vii.h  the  laid  Tomkms  Dew  and  Matthew  Duii^  lh,ir 
heirs,  executois,  adminillrators  and  al\igns,  by  thcte 
prefcnts,  in  manner  rollo\\ing,  that  is  lo  lu\  ;  thai  in 
cafe  the  faid  intended  marriage  Ihall  take  efflcl,  and  die 
faid  Henrietta  Merit,  Ihall  happen  to  furvivc  du  Uiid 
Nathan  Nic/jols\  he  the  faid  Nathan  Nichols  Riall,  Uy 
his  kill  will,  leave  to  or  othe^^vife  fecure  for, the  faid 
Henrietta  Merit,  during  her  hfe,  and  to  take  eft'c  61 
from  the  deceafe  of  the  faid  Xut/xui  Nichols,    the  ufe 

of  a  proper  and  fuitable  houfe  in ,  and  alfo  the  ufe 

ofall  nccefrary  and  proper  houfehold  goods,  furniture^ 
plate,' linen,  china,  and  other  things  neecflaiy  for  funi-. 

idling  a  houfe,  to  th€  value  of dollars,  whieli  llie 

fliali  enjoy  during  her  life,  without  paying  any  rent  or 
odier  confideration  for  the  fiime  ;  and  that  in  cafe  the 
faid  Xathan  Nichols,  Ihall  not  by  his  lail  will  leave  to, 
or  otherwife  fecure  for  the  faid  Henrietta  Merit,  dur- 
ing her  life,  the  ufcoffuch  houfe  and  houfehold  goods, 
furniture,  pUue,  linen,  china  and  other  things  neceffa- 
ry  for  furnilh^iig  a  houfe  to  the  value  of —  dollars, 
and  which  (lie  fliall  enjoy  during  her  life,  without  pay- 
ing any  rent  or  other  confiderations  for  the  faid  houfe, 
furniture,  houfehold  goods,  plate,  linen,  china,  and  o- 
thcr  things,  the  heirs,  executors  or  adminiftrators  of 
the  faid  Nathan  Nichols,  dial!,  at  their  own  expenfe, 
cotls,  and  charges,  wathin  the  fpace  of  six  caleidar 
month'=5,  to  be  corfiputed  from  the  rime  of  the  death  oS 
the  faid  Nathan  Xichoh\  provide  for  the  faid  Hrnriet- 
ta  Merit,  for  the  term  of  her  life,  fuch  houfe  and  fucU 
furniriire,  houfehold  n^oods,  plate,  china,  linen,  and  o- 
ther  thhr^s,  and  to  fuch  value  as  aforefaid,  without  her 
being  fubjct\  or  liable  to  pay  any  rent  or  other  confide- 
ration whatfoever  for  the  fame.  And  alfo  that  he  the 
fliid  Nathan  Nichols.  (\vJi\\,  by  his  laft  will  and  tefta- 
me'i'^  in  M  ritii-'g;;  leave  to,  or  othcrwif^  fctmrc  for  th^ 
laid  Henrietta  Merit,  abfMn^°ly  and  for  her  owu  ufe, 

[52] 


4i(l  C  O  V  E  N  A  N  T. 

from  the  time  of  the  dcceafc  of  him  the  faid  Nathdh 
JV.c,Ools^\'d  good,  decent,  and  proper  coach,  and  a  pair 
oi  i^ood  and  proper  coach-horfcs,  for  her  own  ui'e  and 
benefit ;  and  that  if  the  faid  Kathan  Xichols  Ihall  not 
by  his  will  leave  to,  or  othervv  ife  provide  for  the  la'ul 
Jiimrieita  Merit,  fuch  a  coach  and  pair  of  horfes  for 
her  ovvn  life  and  benefit,  the  heirs,  executors  or  admi- 
li'li.  ators  of  him  liie  faid  Nathan  Nichols  fliall,  within 
tlv.  fpace  of  three  months,  to  he  compnted  from  the 
time  of  hifa  deceafe,  at  their  own  cofts  and  Charlies j 
provide  for  the  faid  Henrietta  Merits  fuch  co.xh  and 
p.i'.r  of  horfes  for  her  own  ufe  ;  but  the  faid  Henrietta 
Mart:  ihali  be  obliged  to  keep  the  fame  at  her  own  ^x- 
pt'ilf.  And  likewiie  that  he  the  faid  Nathan  Nixkols^ 
\ri>^  n(  iis,  executors,  or  adminillrators,  fi-ail,  within  the 
fprfC>  of  My ^/'yf  months,  to  be  computed  from  the  day 
oi  liie  foicmnizationof  the  faid  intended  marriage,  give 
to  tlie  faid  Henrietta  JSlcrit^  jewels  and  diamonds  to 

the  value  of —  dollars,  including  thofe  he  has  alrca- 

<]y  given  her,  and  that  the  faid  Henrietta  Merit-,  fliall 
hoic!  and  enjoy  fuch  jewels  or  diamonds  during  her 
life,  for  her  o\\  n  fole,  peculiar  and  perfbnal  ufe,  without 
being  fubje^t  to  the  debts,  controul,  difpofiil  or  en- 
gat  ements  of  the  faid  Nathan  Nichols^  or  of  any  perfoii 
or  perlbns  claiming  under  him  ;  and  that  after  her  de- 
ceafe the  fame  Ihall  c:o  and  belonp-  to  t**ie  children  or 
child  of  the  body  of  the  fLiid  Henrietta  Merit,  to  be  be- 
gotten by  the  faid  Nathan  Nichols  ;  but  if  there  fliall 
not  be  any  fuch  child  living  at  the  time  of  the  death  of* 
X\vf  laid  Henrietta  Merit,  the  faid  jewels  and  diamoiids 
ilinll,  immediately  after  her  deceafe,  go  and  belong  to 
the  faid  Nathan  Nichols,  his  executors,  adminiftrators 
or  afiigns.  /"  nd  moreover,  that  all  the  houfehv-'d  p-oods, 
fur-  ;rurc,  plate,  pi6lures,  linen,  china,  and  orraii^<nts, 
"^bich  the  faid  Henrietta  Merits  is  at  prefent  poflVfTed 
of  fball.  In  c:.fp  Oic  flioll  fui  vive  the  iiiid  Nothun  Ni- 
rhols^  go  and  beioug  abfolutely  to  her,  and  be  at  hf  f 


COVENANT.  i\\ 

t-)\vii  difpofal.  And  alfo,  that  he  the  faid  Nathan  Ni* 
choh  iliail  not  carry  the  Iliid  Hcnrutia  ALrii^  out  uf 
the  United  States,  without  hei  own  tree  coiiicut,  lo  ue 
tellilied  by  Ibme  w  riting  hgnecl  by  her,  with  her  ou  ii 
hand,  and' attclled  In'  two  w  ilncllcb  ;  and  likevviie,  mat 
in  cafe  the  fuid  Nathan  Nichols  lliall  at  any  tJTr.e  or 
times  ij;o  out  ol"  the  United  Stules  into  any  otlHi  [.an  of 
the  woi-ld,  he  Ihall  aUow  the  luul  Iknrictt.iMcrit,  lor 
her  fupport  and  maintenance,  the  clear  fum  of 
dollars,  yearly  and  every  year,  durnig  luel^  ume  a^  lie 
tlie  faid  Nathan  Nichoh,\\\A\  be  or  refide  out  of  the 
United  States,  and  after  that  rate  for  c\  ei  y  greater  or 
lelfer  time  than  a  year,  that  he  the  laid  Xathan  jYichoh 
fhall  be  or  rehde  out  of  the  United  Slates  ;  and  that 
the  faid  hereinbefore  named  truftees,  their  executoi  s, 
adminiftrators  and  alligiis,  (hall  and  may  pay  the  li\me 
half  yearly  on  die  first  days  of  "January  and  June  in 
every  year,  by  equal  and  half  yearly  payments,  out  of 
the  rents  and  profits  of  the  faid  freehold  and  leajehold 
eltates,  and  out  of  the  JRtereil  iind  dividends  of  the  faid 

capital   fums    of dollars,  and dollars,   and 

each  of  them  ;   but  neverthekfs,   without  prejudice  m 

the  payment  of  the  faid  yearly  fura  of dolkrs,  the 

firft  payment  thereof  to  Idc  made  on  fuch  of  the  faid  lail 
mentioned  davs  as  fliall  happen  next  and  immediately- 
after  the  laid  Nathan  Nichols  fhall  ^o  out  of  the  ^Unit- 
ed States  ;  and  further,  that  in  cafe  the  faid  Xathan 
Nichols,  fliall  have  any  children  or  child  by  the  faid 
Henrietta  Merit,  he  or  the  faid  trufti  cs  fliall  pay  to 
the  faid  Henrietta  Merit,  out  of  the  faid  freehold  and 
leafehold  eftates,  and  the  inlerell  and  dividends  of  the 
faid  capital  fums  of — — ,  and ,  but  vithout  pre- 
judice,  as  aforeliiid,  the   further  clear  yearly   fum  of 

dollars,  during  fuch  time  as  he  fliall  be  or  rcfido 

abroad,  and  to  be  paid  at  the  times  and  in  the  manncc 
^forefaid. 


iU  C  O  V  E  N  A  N  T. 

Of  ivifc  t(^  accept  tbd  pnscnt  Pro'visio?!^  in  satisfanc 
tioi!  of  JJu-ivcr. 

And  it  is  declared  and  agreed,  by  and  between  all  the 
faid  parties  to  iht  I'e  prefents  ;  and  the  laid  Esthar  LcUs^ 
doih  hereby  conient  and  agree  to  accept  and  take  the 
proviiion  beJoit  made  lor  her,  in  and  by  thele  prelents, 
for  her  jomturc,  and  in  lieu,  bar,  and  iuil  iatistadtion  of 
ail  fuch  douer  and  thirds  at  the  commoji  law,  or  by  the 
cullom  oi  any  manor  which  llie  could  or  might  have 
had,  claimed  or  been  intitled  to,  out  of,  9rfroiri  any  of 
the  lreeh(;ld  or  cuftomary  manors,  lands,  tenements, 
or  hereditaments, wliereof  the  {i\k\J ohnVarniim  now  is^, 
or  at  any  tinxe  during  the  laid  intended  coverture  be- 
tween them,  lliaJl  be  leifed  of  any  eitate  of  inheritance, 
and  alfo  in  bar  and  full  fatisfadion  of  all  fuch  part  or 
iliare  of  the  peifonal  ellate  of  the  faid  JoLn  Varninn^ 
which  Ihe  the  faid  Esther  Ldts  may  claim  or  be  inti- 
tled unto  b}  virtue  of  the  ft<itutc  for  the  diibibution  of 
inteRates  eftates,  in  cafe  the  faid  John  Farnmn  lliail 
liappen  to  die  intellate, 

^hc  Niub  and  binds  himself  to  the  performance  of  co^ 

lien  ants. 

And  for  the  further  and  better  fecuring  the  perform- 
ance and  obfervance  of  all  and  every  the  covenants, 
claufc  s  and  agreements  thereinbefore  mentioned  and 
contained,  on  the  part  of  the  faid  John  /ow^i',  his  heirs, 
executors  and  adminiftrators,  to  be  done,  obfervcd  and 
pe-formed,  the  faid  John  Jones  doth  hereby  firmly 
bind  himfelf,  his  heirs,  executors  and  adminiftrators, 
and  every  of  them,  unto  the  fnid  Thomas  Dcw^  and 
Matthew  Dun,  and  the  furvivor  of  them,  and  to  the 
executors  and  adminiftrators  of  fuch  furvivor,  in  the 

ium  of  • dollars  firmly,  by  thefe  prefents,  to  be  paid 

to  them  the  faid  Thomas  Dew  and  Mattkew  Dun.,  or 
to  the  frrvivor  of  them,  or  to  the  executors  or  adinin^ 
gratgrs  of  fugh  Curvivgr.^ 


p  £  C  L  A  R  A  T  I  O  N/  AU 

^Declaration^ 


€//  Trust  :n  respect  to  an  Annuity  Bond. 

To  all  to  whom  theic  prcfeiits  flmll    conic,    ILriry 

Prince,   of ,  Icndeth  Grcctini;  :    Whereas  by   a 

bond  or  obligation,  in  \vritin.i]j,  bearinpj  even  date  witU 
thcle  prtftnts,  in  conlkieration  oi'  the-  Iiiin  of dol- 
lars, mentioned  to  be  paid  by  the  laid    Henry    Prince 

to  Henry  IlugbSi,  of ,  he  the  faid  Henry  Hughes 

ib  become  bound  to  die  faid  Henry  Prince,  in  the  pe- 
nal fum  of  — ^  dollars,  uiUi  coiidition  thereunder 
%vritlen,  for  making  void  the  fame,  on  payment  by  the 
faid  Henry  Hi'ii^hes,  his  heirs,  executors  or  adminiura- 
tors,  to  the  faid  Henry  Prince,  his  executors,  admini- 
Itrators  or  afiiiifus,  of  a  clear  annuity  or  yearly  ium  of 

dollars,   by  half  yeorly  payments,  on  the day 

of ,  and  the d;.iy  of ,  in  every  j  ear  dur-  ■ 

ini;  the  life  of  Mary  Miller,  wife  of  1  homas  Miller^ 
of ,  by  equal  j)oriioiM>,  the  firit  half  yearly  pay- 
ment thereof  to  be  made  on  the day  of next 

enfuingthe  da+e  of  the  faid  obligation,  and  of  thefe  pre- 
fehts,  with  a  proportionable  pan  of  the  faid  annuity  or 

clear  yearly  fnni  oi dollars,  for  fo  miniy  days  as 

lliall  have  elapfcd  from  the  lall  half  yearly  day  of  pay- 
ment nextpreeedin:::  the  deceafe  of  the  faid  Mary  Mil- 
ler up  to  the  day  of  h?r  death,  as  in  and  by  the  faid 
reeited  bond  nv  the  condition  thereof,  relatiovi  behtg 
therenntc*  had,  mav  lippear  :  Ar.d  whereas  the  f:iid  fuiu 
of — —  (Jo1!r.'«.  me;-»tio!!cd  to  be  paid  by  the  faid  Henry 
Prince,  to  the  laid  Henry  Hii,^hes  as  aforefr!id,was 
part  of  the  fev?nrare  fortune  of  the  faid  Mary  j\[iller, 
and  "h("  laid  annuity  or  yearly  fum  of  -: —  dollars,  was 
int^.fidefl  to  be  (V'cnred^  to  be  paid  to  the  faid  Henry 
Piii'XC,  his  execulorsj  adminillrators  and  affigns,  due- 


4U  PEGLARATION. 

jng  the  natural  life  of  the  faid  J/jrjy  il/c7/(?r  as  afore*. 
lai!.!,  intruiifor  the  folc  auci  fe^jarate  uie,  benefit  and 
clilpoiai  oi  ihefaicl  Mtiry  Miller y  notwithitanding  her 
coxerture  m  ifian'cr  iieieiiiaiter  mentioned:  iNOKknovv 
ye,rhat  xXx^txi'lHenry Prince  tor  himfelf,his heirs, exe- 
cutors and  aclniinillratois,  dotn  hereby  declare  and  a* 
gree, that ht;  the faidJ•/c'/^r^/'ri7^£•d•, his  executors, ad.nini- 
Itrators  and  aiiigns,  Ihall  and  \vih  iland  aiid  be  poireifect 
of,  ^^^(^  intereiled  in,  the  ll\id  annuity  or  yearly  fum  of 
. dollars,  iceured  by  the  faid  recited  bond  or  obliga- 
tion as  aforcfaid,  upon  trull,  from  time  to  time  to  pay 
the  fame  when   and  as  the  fame   Hial^be  received  to 
fuch  perfon  or  pe'rfons,  and  upon  fuch  trufls,   and  for 
fuch  intents  and  purpofes  on!y,  as  the  faid  Mary  Mil-. 
jej\  by  any  writing  or  vmtings  under  her  hand,  flial], 
notwithllinding  her  coverture,  and  as  if-  flie  was  folo 
and  unmarried,  dire6l  or  appoint,  and  for  want  of  fuch 
dire6lion  and  appointment,   to  pay   the  fame  into  her 
hands  for  her  fole  and  feparate  uie,  benefit  and  difpofal, 
excluuve  of,    and  without  being  fubjecl  to  the  debts 
or  control  of  her  faid  huiband,  and  for  which  the  re- 
ceipt  or  receipts  of  the  ididMary Miller  alone, or  of  fuch 
perfon  or  perfons  as  ihe  Ihaii  from  time  to  time  direct 
or  appoint  to  receive   the  f^me.   (hall  notwithflanding 
her  coverture,  be   a  good   and  fuiiicient  difcharge  or 
liifcharges.     In  witnefsj  Cxc, 


Of  Trust  of  Purchase  money. 

To  all  people  to  whom  tliefe  prefents  fnall   come,  1 

Qharles  Maru  ol \js   dcscr'ihi^d  in    the  purchase 

dec(r\  fend  greeting  :    Wherras  by  indenturcs;of  — —* 

bearing     date      the     —     day     of  ^— ,  .  and 

made  between  Charles  Doe,  of >  \_as  descnhed  in 

1-6/?  J^/?^],  of  the  one  part,    and  me    the   faid    Charles 
Man,  of  the  other  part.    |le  the  faid  dlb^rles  Dee,  fui? 


DECLARATION^.  41^ 

Unci  in  confideration  of dollars   [as'' its']  therein 

mentioiit'd  to  be  paid  to  liim,  by  me  the  laid  Charles 
MdTi^  hath  granted,  or  did  grant,  bargain  anci  fell,  all 
thatmciruiige,  SvC.  to  hold  the  fame  unto  me  the  laid 
C-^ri/Vc-^  il/c///,  my  heirs  and  alliens,  for,  8cc.  which 
faid  premilcs  were  heretofore  the   ellate   of,  or  in  the 

poIfciVion  of \jbc  deed  must  lead  to  this  rcc'ita/.'] 

Now  know  ye,  that  I  the  faid  Charles  Alan  d6  hereby 
acknowledge,  teftify  and  declare,  that  the  faid  fnm  of 
■ — ,  above  mentioned  to  be  paid  unto  the  faid  Charles 
Doc,  by  me  the  faid  Charles  Man^   as   aforefaid,  waa 

and  is  the  proper  money  o^Jdum   Poe^   of ,  and 

that  the   name  of  me    the  Hiid     Charles  Man,     in 

the  faid  indenture  of ,  is   ufed  only   in   tiuil  for 

him  the  faid  ^f^/,77;;  Poe,  his  executors,  adminillrators 
and  aifij^-ns,  and  that  1,  my  heirs  and  aaigns,  Ihali  at 
tuiy  timeor  times  hereafter,  upon  the  rtqueft,  and  at 
the  proper  colls  and  charges  of  the  faid  Adam  Poe.  his 
executors,  adminillrators  and  aflii^ns,  trausfer,  con- 
vey and  affure  unto  the  faid  Adam  Poe^  his  excctitois, 

adminillrators  and  alTigns,  the  faid premi^-j^    ^o 

bargained  and  fold  unto  mc  the  faid  Charles  Mh^k  ?.s 
aforefaid,  together  with  all  my  eftate,  risjht,  title  ;incl 
interell  thereunto,  in  fuch  manner  as  by  him  the  fr.id 
Adam  Por,  his  executors,  adminiflrators  and  i.ujgjis, 
or  his  or  their  counfel  learned  in  the  law,  fliail  be  rea- 
fonably  deviled  or    required,      In    witnefs  whereof  I 

have  hereunto  fet  my  hand  and  feal  this cWy  of 

'^ ,  in  the  year  of ♦ 

Of  Trust  indorsed  upon  a  Deed. 

Be  it  remembered,  that  the  within  named    Thofnas 

Watts ^  doth  hereby  declare  that  the  fnm  of doU 

Inrs,  within  mentionccl  10  be  ^-laid  bv  him  as  tl\e  (orifi- 
deration  of  the  within  written  indenture,  was  the  pro.« 


UQ  DECLARATIO  N. 

per  money  of  the  within  nnmecl  Wyat  Eld,  and  that  ihs 
name  o^thc{Q.\dTi>omas  fVatts  was  made  ufe  of  in  the* 
l\iiv,e  indenture  ill  trurt  only  for  him  the  faicl  JVyat  Eld^ 
bib  cxeeutors^  adnii'iulrarors  and  alugnb  ;  and  that  the 
fa;d  Tbomai yVatts,  his  cxeeutors  or  adminillrators, 
Ihall  and  vviil  at  the  requell,  cofts  and  charges  in  the 
law  of  the  faid  Wyat  Eul,  his  executors,  adminiflra- 
tors  or  aiiigns,  idiigu  avid  affiire  the  tv.o  feveral  melTu- 
ages,  tenements,  or  d\v.clhn«--houreb  anxl  premifcs  com- 
prac-d  in  the  within  wrilien  indenture,  and  therein  men- 
tioriv.d  tc^be  thereby  aiiigned  to  him  the  faid  Thomas 
IFatfs^  his  executors,  ad,miniilrators  or  affigns,  vv'ith 
their  and. every  of  iheir  appurtenances,  and  all  his  and 
thti-  '  Vuue,  term,  and  ituereft  therein,  unto  !)im  the 
lidd  tVy^ii  %Id.  his  executors^  adniiniilrators  or  afiij^ns, 
free  from  ail  incumbrances,  committed  or  done  by 
him  the.  {-'.id  Tkomas  JEatts,  his  executors,  or  adraini- 
firators,  ardthat  in  the  mean  t'me,  he  the  faid  Thomas 
fEaft.'iy  his  executors  and  adminillnitors,  fliall  and  will 
flavd  and  be  poneired,and  intcreftcd  ofand  in  the  f?me 
p:-  i.nifes,  in  truft  oiily  for  the  benefit  of  him  the  faid 
/f^\'U  EL'L  hisexecuto»-s,  adrainiflrators  and  afiigns  ; 
in  witnefs  wliereof  I  the  faid  Thomas  JFatts  have  here- 
unto fct  m  >  hand  this  —  day  of ,  in  the  year  of 

©ur  Lord . 


Of  Trust  by  ID  ay  of  Assignment, 

This  indciUure,  made  the -day  of ,   be- 
tween .Ibcl  Bell,  of -,  of  the  ore  part,  and    Caleb 

Doe,  oFdie  other  part:  Whereas  in  and  by  one  inden- 
ture of  demife,  or  barcrain  and  fide,  bearinii:  date  the 
^. —  dav  of ,  made  or  mentioned  to  be  mnde.  be- 
tween Abel  BilL  of ,  of  the  one  part,    and     Cnlcb 

T)o(\  of .  of  'he  other  part,  h^  the  faid    Jbel   Bt  H 

for  the  confideraliou  therein  mentioned,   did  dtmiie, 


DECLARATION.  417 

fjrnnt,  barj^ainaiul  fell  unto  the  Hiid  diUb  Doe^  his  cx- 
fCiUorb,;ti(lminiftrators  ?a\(\  aHlii^tis,  all  tliolc  mLlluai^cs, 
la'DcIsaiid tenements, &.C. to  hold  unto  the  fiudCa/ed/Joe^ 
his  executors,  adminillrators  and  aiii,ii;ns,  for  the  term 
pi'-'-; —  years  from  thenceforth  next  ciifiiiiig  ;  in  which 
faid  indenture  was  contained  a  jtiovifo  or  condition  to 
make  the  fame  void,  on  payment  by  the  faid  Hbci  Bell 
to  t})e  faid  Ctjlcb  Doe^  of  the  fum  of  — -  dollars  with 
lawful  intereft  for  the  fame,  at  a  certain  day  therein 
mentioned,  as  in  and  by  the  faid  indenture  of  demifi.  or 
mortj^age,  relation  being  thereunto  had,  mnj'  rtioie  iiil- 
ly  and  at  large  appear  :  Now  this  indenture  witncffeth, 
tliat  the  faid.'//;.:/  BjU,  doth   hereby  .icknow  ledge  a(id 

declare,  that  the  fum  of dollars,  in  the^  faid  in  part 

recited  indenture  of  mortgage  .mentioned,  u  as  ail  the 
pror>er  money  of  the  fiid  Caleb  Doc\  and  not  any  pjrt 
thereof  the  money  of  fhe  faid  Abel  Hcll^  and  that  the 
name  of  the  faid  Ab-l  Bll  was  ufed  therein,  only  in 
trull  for  the  faid  Caleb  Doe\,  his  executors,  adminillra- 
,tors  ai)d  afli'^ns  :  and  therefore  the  faid  Abel  Bell,  in 
piiifuance  of  the  trail  repofed  in  him  as  aforefaid  by 
the  fiid  Caleb  Doe,  and  a'fr).  for  and  i'^  cohfideration  of 

the  fum  of dollars^  to-  him  in  hand  paid   b}  the 

faid  Caleb  Doe^  at  or  b^r-fore  the  fealing  and  delivery  of 
thcfe  prefents,  the  receipt  whereof  is  hereby  acknow* 
Icdged,  hath  granted,  bargained,  fold,  afli.^ned,  trans- 
ferred, and  fet  over,  and  by  thefe  prefents  doth  grant, 
barij;ai'»,  fell,  afli;.;n,  transf.^rand  ft  over  unto  the  faid 
Caleb  Does  his  executors,  adminillrators  and  afligns, 
alland  fmgular  the  faid  m(  (Tuages,  8?:c.  and  premifes 
before  mentioned  in  and  by  the  faid  in  part  recited  in- 
tleniure  of  mortgage  granted,  with  their,  and  every  of 
their  appurtenances  ;  and  alfo  all  the  eftate,  right,  title, 
intereil,  term  of  years,  property. claim  and  demand 
wliatfoever  of  him  the  faid  Abel  BtlL  of,  in  or  to  the 
laid  premifes  and  every  part  and  parcel  thereof  ^<^ige« 
ther  with  the  faid  in  part  r(  cited  indenture  of  dcmife  or 

[53] 


-^iS  BE  CL  A  RATIONS    ' 

mortgage :  To  have  and  to  hold  the  flild  mefTuages^S^da 
hereby  granted  and  affigncd,  or  mentioned  or  intended 
fo  to  be,  unto  the  faid  Caleb  Doe^  his  executors,  admi-^ 
laifirators  and  a(i?>giis,  for  and  during  all  fuch  term  and 
eitate,  as  he  the  laid  Abel  BelU  hath  or  ought  to  have 
therein.  And  the  faid  Abel  Bell  for  himfeli,  his  heirs, 
executors  and  adminiftrators,  doth  covenant  and  gran 
to  and  with  the  faid  Caleb  Doe^  his  executors,  admini- 
ftrators and  afljgns,  that  he  the  faid  Abel  Bell,  hath  not 
jnade,  committed,  a6led  or  done,  orcaufed  or  procur- 
ed to  be  made,  committed,  a6\ed  or  done,  an}^  a6^, 
matter  or  thing  whereby,  or  by  reafon  or  means  where- 
of the  faid  mefmages,  &c.  and  premifes,  or  any  part 
thereof,  are,  may,  or  can  be  charged  or  incumbered  in 
title,  eilate  or  otberwife  hewfoever.      In  witnefs,  &c. 


Qf  Trust  from  Lessees  jhat  the  Lease  has  been  grants 
ed  for  ths  Benefit  of  a  proprietary  Fund. 

And  this  indenture  further  witneffcth,  that  the  faid 
'James  Boon,  Jacob  Hod, Thorn  as  Pate,  Joseph  Adams^ 
John  Da'vid,  and  Thomas  Hatfield,  do  hereby  foi* 
themfelv^s  feverally  and  refpe^lively,  and  fcr  their  fe- 
Teral  and  refpeclive  executors  and  adminiRrators,  de- 
clare and  agree,  to  and  with  the  faid /cji?//-/^  Arlington^ 
Isaac  Rather,  John  Wall,  John  Shield,  and  IVmHalh 
their  executors,  adminiftrators  and  affigns,  and  to  and 
uith  the  faid  mafter,  wardens,  and  fociety,  and  their 
fucceflbrs,  that  they  the  faid  James  Boon,  Jacob  Hod, 
'Thomas  Pate,  Joseph  Adams,  John  Lanid,  and  Tho- 
was  Hatfield,  their  executors,  adminiftrators  and  af- 
figns,  fiiali  and  will  from  time  to  time<  and  at  all  times 

hereafter,  during  the  faid  two  fcveral  terms  of^' " 

years,  and years  hereinbefore  refpeciively  demifed, 

lland  poilefTcd  of  and  interefied  in  all  and  fmgular  tha 
ground  hereby  demifed,  and  of  the  meiTuages  or  teR€> 


D  E  C  L  A  R  A  T  I  O  N>  alJ 

ments,  ercftions  aud  buildings,  ^\  liich  during  the  faid 
fcveral  terms  hereby  demiied  Ihall'be  creeled  and  built 
upon  the  iaid  ground  and  premifes  hereinbefore  de- 
miied as  well  by  them  the  laid  Joseph  Arlington^  Isaao 
Hat  he  r^  John  iFail^  John  Shield  and  JFin  Hall,  as  by 
the  laid  mailer,  wardens,  and  foeiety  refpe6ti\ely,  int 
trull,  and  for  the  Ible  beneht  of  the  proprietors,  who 
are  or  Ihall  from  time  to  time  be  intitled  to,  or  benefi- 
cially interelled  in  the  whole  produce  of  the  money  a- 
rihng  or  to  arife  in  conducing  the  ^iffairs   of  the  faid 

Hock,  ,fubjectneverthelefs  to  the  concurrence  of 

the  faid  mailer,  wardens  and  court  of  affiftants  of  the 
faid  foeiety,  from  time  to  time,  in  conducing  the  fame 
as  hereinbefore  is  mentioned.     In  witnefs,  &.c» 


That  a  marl's  Name  is  used  in  trust  in  a  Bond, 

"Whereas  in  and  by  one  obligation  bearing  even  date 

\vith  thefe    prelcnts,   Giles  Bodge,   of  ,   llandeth 

bound  to  Isaac  Kin^,  of ,   in  the  fum  of --^ 

dollars,  conditioned  for  the  payment  of dollars,' 

with  intereil  on  the  fame,   on next  enfuing,  as 

thereby  may  ap])ear  :  Now  know  all  men  by  thefe  pre*, 
fents,  that  the  faid  Isaac  King^  doth  hereby  acknow^' 

ledge  and  declare    that  the    faid  fum   of dollars, 

lent  upon  the  faid  obligation,  was  all  the  proper  money 

of  Leonard  Muse,  of ,  and  that  his  the  laid  Isaaa 

King''s  name  is  iifcd  in  the  faid  obligation  only  in  trul^ 
for  the  benefit  of  him  the  faid  Leonard  Muse,  In  wi  t . 
ntis,  Sec. 


Of  Trust   relating  to  an  assigjiment  of  a  Lease. 

To   all  to  whom   thefe  prcfents   fliall  come,   JFiri 

JFdeks,  of fen<!cth  greeting  :   Whereas  by  in^,^ 

denture  of  aiBgniueutj  [/^'^/T\i'^^^  recited  an  assignmcni 


420  D  £  C  L  A  R  /V  T  I  O  N, 

te  I'Vin  fFeeJic.']  jNo\y  know  ye,  that  the  Lit!  /T/a 
/a  t  yt.v,  Cioui  lieieby  acknow  leci^t  and  dtciare,  tiid  the 
juwi  ol  — -  doilarb  nitntioned  to  be  the  coniidtiaiioa 
oi  tnc  iuid  recite(]  nicientuie  ol  aiiigr.mcnt,  and  to  be 
pajd  by  hini  to  the  iiuLil'iius  Otl,  vviis  and  is  the  only^ 
proper  money  oi  Jo/jn  Joncs^  oi  — -  ,  and  that  his  nanie 
Wui  and  IS  uied  and  made  uie  of  in  the  laid  indenture 
ot  aiiignment  onl) ,  intiuU  o  and  for  the  iile  and 
beho(ji  ot  him  the  faid  Jo/jn  Jones,  h'm  executors,  ad- 
iTjiniilrators  and  ahigns,  and  to  and  for  no  other  ijfe, 
intent,  or  piupofe  whaifoever  :  And  the  faid  if  in 
Weeks,  doth  \\hojiy  and  utterly  difciaini  all  tilate, 
te]  m,  I  ight,  title,  intereil,  and  demand,  of,  in,  and  to 
tht  faid  indenture  of  (kiiiife,  and  the  neHuages  there- 
by (ien/ifed,  otherwife  than  in  trull  for  the  faici  John 
Jonts.  his  executors,  aciminjilratois  and  alligns  :  And 
for  himfeif,  his  executors  and  admnjilti  ators  doth  cove* 
naut,  j}ron.ife,  and  agree  to  and  with  the  laid  John 
Jones,  his  exeeuipn,  adminillrators' and  affigns,  that 
he  the  faid  IVin  IVteks,  his  executors  and  ad  mini  ftra^- 
tors  Ibail  aid  \^  ill,  at  an}  time  hcrealter,  at  the  rtquell, 
C(>lls  and  cluirges  of  the  faid  '[John  Jones,  his  execu- 
tors or  adminiftrators,  by  good  and  fufficitnt  deeds  in 
the  law,  fuch  as  the  counfel  of  the  faid  John  Jones,  his 
executors  or  adminillrjitors,  Oiali  advife,  cliign  and  fet 
ovt-i  unto  the  f.^id  John  Jones,  his  executors,  admini- 
ft;  ators  and  afiji^ns,  the  faid  melTuage,  &.c.  wi'h  the  ap- 
pni  tenances,  and  the  indenture  of  leafe,  aiid  indenture 
of  :..ffignmen"t  by  \a  hich  tlie  fame  are  holden  for  the  re- 

ficlufc-  and   remainder   of  the  laid  term  of years, 

'W'hich  fliall  be  therein  then  to  come  and  unexpired, 
free(*  and  difcharged  of  a:.d  from  all  incumbrances, 
done  by  him  or  them.     \w  witncfs,  &lc. 


DECLARATION,  421 

Of  trusty    by  1  rushes  ana  Guur-iHans  to  an   Infant , 
of  Lands,  pur  chased  by  ihtm  vjii/j     the  muiay    of 
Ibt  Infant. 

To  all  pcrfons  to  whom  thefe  preftspts  iliall  come, 

Abncr  AplK  of     ,    and    LaLo  Lox\    ol" ,    kncl 

greeting;.  Whereas  the  laid  yi^t/  ^^pp,  and  Ca/cO  Cox, 
by  ccnaiu  indentures  oi  leafe   and  reletiicbeuring  duie 

thcf  —  day  of ,  and  made  between  fobn.Po:,  of  — 

of  the  one  part,and  us  tlie  faid  .^bncr  -ipp^  and  Caleb 
Cox,  of  the  other  part,  for  the  conlideraiion  oi  the  fum 
of -^ dollars  in  the  faid  incieniure  of  releafe  men- 
tioned to  be  paid  by  us  to  tlie  ij..i(i  fo/./n  Ppc\  he  the 
laid  John  Poe,  hath  granted  and  reieafc  d  unto  a))d  to 
the  ufe  of  us  the  faid  Abncr  App\,.:n\d  Caleb  Cox,  and 
our  heirs,  all  thatmeiiuage  and  tratl  of  land  with  its 
appurtenances,  (ituated  in ,  as  by  the  faid  inden- 
tures of  leafe  iMK\  leleafe,  rel.aion  being  thereunto  had 
may  more  at  large  appear.  Now  knon  ye,  that  we  the 
faid  Abner  Apjp  and  Caleb  Co^.,  do  hereby  acknow- 
ledge and  declare,  that  ne  as  guardians  and  truilces  of 
Sanuu^  Fahn^  a  minor,  being  Mtll  falistied  that  the 
jiurchafing  of  the  faid  lands  and  premifes,  Ijy  reafon  of 
their  fi^uation  would  be  very  advantageous  to  the  faid 
Samuel  Fahn.j^uCinn  improvement  ol  his  eftate,  were 
advifed  to  make  the  Ijiid  purchafe  ;  and  we  do  hereby 
fuither  declare,  that  the  fame  was  made  with  the  pro- 
per monies  of  the  Ln(\  S,imucl  F,ihn^  and  that  the  faid 
hmds  and  premifes  were  fo  purchafed  in  trull  for  the 
faid  'Samuel  Fiihn,  his  heirs  and  afiigns,  if  he  or  they, 
Vi  hen  capable  of  fo  domg,  {\k\\\  accept  a  conveyance 
thereof,  and  we  the  faid  Abner  App^ixu&Calcb  Cox, 
our  hf  irs,  executors  and  adminiibr.tors,  be  allowed 
the  purchafe  monies  w  ith  other  charges  by  us  paid  by 
reafon  of  the  fame,  upon  our  r.ccount,  for  the  profits  of 
the  I  IV.itv"  f  tin.  fi!.-;  S'^nucl  Fahn  :  and  we  the  faid 
Abner  App^  and  Caleb  Cox^  do  'hereby  further  declart 


42^  !:>  E  C  L  A  R  A  T  I  O  N> 

and  miituall)'  agree,  that  no  benefit  of  furvivorfliip,  br 
virtue  of  the  faid  conveyance  made,  as  aforefaid,  to  us 
and  our  heirs  by  the  faid  Jofon  Poe^  fhall  be  had  or  ti\^ 
J^en  by  us  or  either  of  us.     In  witnefs,  8^c, 

Of  Trust  relating  to  a  Bond. 

This  indenture  made  the day  of between 

Mam  Anson,  of ,  of  the  one  part  ;  and  Bion  Bee^ 

of ,  and  Charles  Bee,  of ,  of  the  other  part  a 

Whereas  by  indenture  bearing  date  the  • day  ot 

laft  pall,  and  made  between  the  feveral  parties  to 

thefe  prefents,  reciting,  That  the  faid  Adam  Anson, 
had  ilfue  then  Hving  by  Dorothy,  his  late  wife,  wha 
was  filler  of  the  f:iid  Bion  Bee,  and  Charles  Bee^  two 
fons  and  one  daughter,  to  wit,  Abel  Anson,  Bion  Anson 
and  Charlotte  Anson,  and  intending  to  make  a  provifi- 
on  for  his  younger  fon  the  faid  Bion  Anson,  and  Char- 
lotte Anson  his  daughter,  he  the  faid  Adam  Anson,  did 
covenant  and  agree,  that  he  would  within  one  month 

then  next  enfuing,  caiffe  or  procure dollars,  Ihare 

or  intereft  in  the  ftock  of  the  bank  of  the  United  States  ^ 
to  be  transferred  to  the  faid  Bion  Bee,  and  Charles 
Bee  ;  and  it  was  thereby  declared  by  the  faid  par.ties, 
that  the  faid  Bion  Bee  and  Charles  Bee  would  fland 
poiTefied  of  the  fame  ftock,  in  truft  to  permit  the  faid 
Adam  Anson  to  recieive  the  intereft  thereof  during  his 
life,  and  after  his  deceafe  to  pay,  apply,  and  difpofe  of 
the  faid  ftock  in  fuch  proportions  between  his  fl\id  two 
younger  children  in  fuch  manner  as  the  faid  Adam  An- 
son fiiould  with  the  confent  or  approbation  of  the  faid 
Bion  Bee,  and  Charles  Bee,  or  the  furvivor  of  them, 
by  any  deed  by  him  fealed  and  delivered  or  by  his  laft 
\v'\\\  and  teftament  by  him  figned  and  publilhed,  in  the 
prefence  of  two  or  more  credible  witnefTes,  dire6l  or 
yippointj  and  for  want  of  fuch  dire<Slion  or  appointment, 


DECLARATION*  446 

tilt  Hncl  flock  to  be  equally  divided  between  the  faiJ 
two  younger  children  ;  in  which  laid  recited  indenture 
are  contained  fcvcral  powers,  proviibes  and  aj^reements, 
and  particularly  it  is  thereby  provided,  that  it  ihould 
be  lawful  lor  the  faid  Adam  Anson^  by  and  with  iuch 
confent  as  aforefaid,  at  any  time  thereafter,  by  any 
deed  or  writing  to  be  by  hiiu  executed  and  atteRed  us 
aforefaid,  to  revoke  and  make  void  ail  and  er cry  the 
trulls  therein  before  declared,  of  and  concerning  tho 
Taid  Hock,  and  by  the  fame  or  any  other  deed  or  writ- 
ing fo  ex«cuted  and  attelled,  (with  fuch  conlent  as  a- 
forefaid)  to  declare  any  new  or  other  trulls,  of  or  con-* 
cerning  the  fame  ilock,  as  by  the  faid  in  part  recited  in* 
denture,  reference  being  thereunto  had,  may  more  ful- 
ly appear  :   And  whereas  the  faid  Adam  Aiison^  in  lieu 

of  the  faid dollars  Hock  in  the  bank  of  the  United 

States,  fo  by  him  agreed  to  be  transferred  to  the  faid 
J3ion  Bee^   and    Charles  Bee^  as   aforefaid,  did  caufe 

— dollars  capital  ftock  in  the  • turnpike -road.^ 

to  be  transferred  to  and  veiled  in  the  faid  Bion  Bee  and 
Charles  Bce^  upon  the  trulls  aforefaid,  aud  being  now 
delirous  to  revoke  all  the  faid  trulls  concerning  the  faid 
lloek,  and  to  make  other  provifions  for  his  faid  two 
younger  children,  the  faid  Adam  Ahsoiu  hath  this  day 
become  bound  by  one  obligation,  bearing:  even  date 
herewith,  unto  the   faid  Bion  Bee,  and  Charles  BeCy 

for  the  payment  of  the  fum  of dollars,  upon  the 

trufls  hereinafter  declared  :  Now  this  indenture  wit- 
nelTeUi,  that  the  faid  Adam  Anson,  doth  by  thefe  prc- 
ients,  (by  and  with  the  confent  and  approbation  of  the 
faid  Bion  Bee,  and  Charles  Bee,  teililied  by  their  fcal- 
jng  and  delivery  hereof )  revoke,  declare,  and  make 
void,  all  and  every  the  trufls  and  agreements  in  the  faid 
recited  indenture,  limited,  dcQlared,  exprelled  or  con- 
tained, of  and  concerning  the  fltid  Hock,  and  the  faid 
Adam  Anson,  doth  hereby,  alfo  with  the  like  confent  of 
'hefiid  Bion  Bce^  and  Charles  Bccy  teftified  as  afore- 


424  DEED. 

faid,  declare,  dirc6\,   and  appoint,  that  the   laid  Bion 
Jjc'c,  and  C/jancs  /i.-c,  ihali  Irom  heuccioith  UaiKi,  re- 
main, and  be   poileticd  oi'the  laid  llock  fo  transferred 
and  veiled  in  iheni  as  aloj  eiaid,   and  of  all  other  llock 
had  or  lAcn  in  iicu  thereof,  in  truil,  for  tlie  only  pro- 
per iU*e  ajjd  benefit  of -he  faid;/^(/;w  Anson,  parliy  here- 
to, his  executors,' aom'n:!tiators  and  aiiigns,  and  i6  be 
ii[li«*ncd  and  difpofed  of  lo  him  or  them,  or  as  he  or  tiiey 
llia'll  dirt-d  :   -\vA  it  i-.  ne<cby  aifo  deehhed,  by  arid  be- 
tween ail  the  faidparties  to  thi  fe  prefents,  that  the  faid 
Bion  Bee  and  Charles  Bee,  their  executors  ^.nd  adrai-  _ 
Billrators,  ihail-lland  and  be  poifeffed  and  interefted  of, ' 
and  in  the  faid  bondfo  entered  into  by  the  iaid  Adam 
Anson  as  afore  laid,  a^id  of  all  monies  to  become  due, 
and  be  received    or  obtained    byviitue  thereof,   upon 
,  the  fame  truftfc,  and  fubjefcl  to  liie  fame  powers  and  a- 
e-reements    as  were  declared  or  cxprt (Ted.  in  and  by 
the  faid  recited  indenture  of  the day  of ,  con- 
cerning the  faid  (lock  of  the  bank  of  the  United  States^ 
fo  agreed    to   be    transferred   to    them   the    faid  Bion 
Bee,  and  Charles  Bee,    as  aforefaid,  (ibc  faid  provifo 
and  power  herein  before  recited  f<;r  the  fa!d^r/«772^iw'^o« 
to  revoke  or  alier  the  faid  truAs,  and   declaie  ia\\  i.vw 
or  other  trulls  thereof  only  excepted),  in  v.itneis,  S^c, 


S)eel3. 


Common  Form, 

This   indenture,  made  the day  of ,    in  the 

jTar  of  onr  Lord  one  thoufiind  eiLht  h.undreci  and , 

between  Adam  Bcnd,o^ ^gmthnian,  2\  d  M    j)', 

bis  wife,  of  the  one  part  ;    ar.d  Caleb   X>tf^,oi  •— 


DEED.  425 

yeoman,  of  the  other  pi\rt,    \_bere  recite  the  tltu',"]  wiN 
nciTcrlh,  Tiiat  the  i'a'id  Adam  Benci^  luicl  Alciry  Ins  wife, 

for  and  ii»  coiUkierdtiOM  of  the  fumof  dollurs,    to 

them  ill  liaiid  paid  by  the  faicl  CJei^  Doe,  at  and  t)Lloie 
the  enfealing  and  deliverinj^  hereof,  the  reeeipt  where- 
of they  do  liere'oy  aeknovvkclj^e,  and  thereof  acquit  aiid 
forever  difehars;e  the  faid  L\i/e/?  Doe,  hib  heirs,  execu- 
tors and  adminiilratuih,,  by  thefe  ]>refcnts,  havevgranted, 
bufi^aiued,  fold,  alk:ned,  enfeoffed,  releafed  aiid  con- 
Crnicd,  and  by  thefe  prefcnts  do  grant,  bargain 
fcIlT*  alien,  enfeoff,  releafe  and  confirm,  unto  the  laid 
Ca/eb  Doe,  and  to  his  heirs  and  affig-ns,  all  that  melfu- 
.a£re,  &:c.  ToLredier  with  all  and  fin^ular  oiher  the  liou-. 
I'es,  out-houfes,  buildirigs,  barns,  ilables,  ways,  woods. 
Maters,  water-eourfes,  rights,  liberties,  privileges,  he- 
reditaments and  appurtenances  whatfoever,  thereunto 
belonging,  or  in  any  wife  appertaining,  [^bere  insert  ex- 
cefnions,  i^e.']  and  the  reverlions  andremainders,  rents, 
ilVucs  and  profits  thereof :  And  alfj  all  the  ellate,  right, 
title,  interell,  property,  claim  and  demand  whatfoever, 
of  them,  the  faid  Adam  Bend,  and  Mary  his  wife,  in 
law  or  equity,  or  otherw  ife  howfoever,  of,  in,  to,  or 
out  of  the  fame.     To  have  and  to  hold  the  faid  meflu- 

nq;e  or  tenement,  and  tra(Sl  of acres  of  land,  here-^ 

ditaments  and  premifes,  hereby  granted,  or  mentioned 
or  intended  fo  to  be,  with  the  appurtenances  [_eyccept 
as  before  excepted']  unto  the  faid  Caleb  Doe,  his  heirs, 
and  alfigns,  to  the  only  proper  ufe  and  behoof  of  the  faid 

*  The  wonh  ((ranf,  bargain,  sell,  shall  be  adjudtred  an  express 
covenant  to  the  grantee,  his  heirs  and  assigns,  to  wit,  that  the  gran- 
tor Avas  seised  ol"  an  indefeubibic  estate  in  fee-sirople,  freed  from  in- 
cumbrances done  or  suffered  from  the  grantor  (cxceining  the  rents 
and  services  due  to  the  lord  of  the  fee)  as  also  for  quiet  enjoyment 
Rg-ainst  the  grantor,  his  heirs,  and  assigns,  unless  limited  by  ex  ■ 
press  words  contained  in  sueh  deed,  and  that  the  grantee,  his 
heirs,  executors,  administrators  and  assigns  may,  in  any  action  as* 
bli^n  breach.es,  as  if  sucli  covenants  were  expressly  insert«<l, 
Fcaci'n  Di(r.  a«. 

r54.i 


423  BEE  D. 

Caleb  Doe^  his  heirs  and  afligns,  forever.  \_Here  in^ 
sert  the  co'Denants~\.  in  witntis  whereof,  the  faid  par- 
ties to  thefe  preienis  have  hereunto  interchangeably 
fet  their  hands  and  feals,  &.c. 

^cr  A  deed  is  a  writing  fealed  and  delivered  by  the 
parties,  li  a  deed  be  made  by  more  parties  than  one, 
thore  ought  to  be  regularly  as  maiiy  copies  of  it  as 
there  are  parties,  and  each  ihould  be  cut  or  indented 
on  the  top  or  fide,  to  tally  or  correfpond  with  the  other  ; 
■^vhich  deed  fo  made,  is  called,  an  indenture.  When 
the  feveral  parts  of  an  indenture  are  interchangeably 
executed  by  the  feveral  parties,  that  part  or  copy  which- 
is  executed  by  the  grantor  is  ufually  called  the  origi- 
nal, and  the  reft  are  counterparts  :  tho'  of  late  it  is  moft 
frequent  for  all  tlie  parties  to  execute  every  part ; 
which  renders  them  all  originals.  The  firft  requiiite 
of  a  deed,  is,  that  there  be  perfons  able  to  contract  and 
be  contra6\ed  with,  for  the  purpofes  intended  by  the 
deed;  and  alfo  a  thing,  or  fubjefl  matter  to  be  contract- 
ed for  ;  all  which  muft  be  expreifed  by  fufficient  names. 
So  as  in  every  grant  there  muft  be  a  grantor,  a  grantee, 
and  a  thint^  granted  ;  in  every  leafe,  a  leffor,  a  lelfec, 
and  a  thing  demifed. 

Secondly,  the  deed  muft  be  founded  upon  good  and 
fufficient  confidcration.  Not  upon  an  ufurious  contract; 
nor  upon  fraud  or  coilufion,  either  to  deceive  purcha- 
fers  bona  Jide,  or  juft  and  lawful  creditors;  any  of 
which  bad  confiderations  will  vacate  the  6ee(\^  and 
fubjeCt  fueh  perfons,  as  put  the  fame  in  ufe,  to 
forfeitures,  and  often  to  imprifonment.  A  c]Q€d 
tilfo,  or  other  grant,  made  without  any  confidc- 
ration, is,  as  it  were,  of  no  effe6l ;  for  it  is  conftrued 
to  inure,  or  to  be  efftflual,  only  to  the  ufe  of  the  gran- 
tor  himfelf.  The  confidcration  may  be  either  a  good 
'^r  a  valuable  one.     A  good  conhderation  is  fucb  as 


DEED.  427 

that  of  blood,  or  of  natural  love  and  aficction,  \vhcn  a 
mail  grants  an  cllate  lo  a  near  relation  ;  being  rouiKlcd 
on  motives  of  t>enerolily,  prudence  and  natural  duty; 
a  valuable  coniicleration  is  I'uch  as  money,  marria^re, 
or  tlie  like,  which  the  law  elleems  an  equivalent  gi\eri 
for  the  grant ;  and  is  therefore  founded  in  motives  of 
julticc.  Deeds  made  upon  good  confideration  only,  are 
coiifidcred  as  merely  voluntary,  and  are  frequently  fet 
afide  in  favor  of  creditors,  and  bona  fide  purchafers. 

Thirdly,  the  deed  mud  be  written,  or  I  prcfume 
printed,  for  it  may  be  in  any  chara6\er  or  any  language  ; 
but  it  mull  be  upon  paper  or  parchment.  For  if  it  be 
v-'ritten  on  Hone,  board,  linen,  leather,  or  the  like,  it 
is  no  deed. 

Fourthly,  the  matter  written  mufl:  be  legally  and  or-- 
derly  fet  forth  ;  that  is,  there  mud  be  words  fufficient 
to  fpccify  the  agreement  and  bind  the  parties:  \\hicli 
fufficiency  mult  be  left  to  the  courts  of  law  to  deter- 
mine. For  it  is  not  abfolutely  neccifary  in  law,  to  have 
all  the  formal  p:jrts  that  are  ufually  drawn  out  in  deeds, 
fo  as  there  be  fulficient  words  to  declare  clearly  and  le*'. 
gaily  the  parly's  meaning.  But,  as  thefe  formal  and 
orderly  parts  are  calculated  to  convey  that  meaning  in 
ihe  cleared,  didiiicled,  and  m.od  effeRual  manner,  and 
have  been  well  confidered  and  fettled  by  the  wifdom  of 
fucceffive  ages,  it  is  prudent  not  to  depart  from  them 
without  good  reafon  or  urgent  neceihty  ;  and  therefore 
I  will  here  mention  them  in  their  ufual  order. 

1.  The  premifes  may  be  uftd  to  fet  forth  the  num- 
ber and  names  of  ihe  parties,  with  their  additions  or  ti- 
tles. They  alio  contain  the  recital,  if  any,  of  fuch  deeds, 
agreements,  or  matters  of  ficl,  as  are  necefhiry  to  ex- 
plain the  reafons  upon  which  the  prefent  tranfa(^lo!A  is 
founded  :  and  ht-rein  alfo  is  letdown  the  confideration 
upon  which  the  deed  is  made.  And  then  follows  the 
certainty  of  the  grantofj  grantee,  and  tbhig  granted. 


423  DEE  D, 

2,  3.  Next  come  the  habendum  and  tenendum.  The 
office  of  the  habendum  is  propei  ly  lo  cklcrniire  what 
ellave  or  intereil  is  granted  by  the  deed  :  thout^h  this 
may  be  performed,  and  fometimes  ir>  performed,  in  the 
premifeb.  in  which  cafe  the  bubenaiim  may  leffen,  en- 
large, explain,  or  qualify,  but  not  totally  contradict  or 
be  repni^nant  to,  the  eilate  E^ranted  in  the  piemifes. 
A%  if  a  fjrant  be  ''  to  A  and  the  htirs  of  his  bodv,"  in 
the  premifes,  habtndum  '•'to  him  and  his  heirs  for  e- 
■^'cr,"  or  mcc  -versa  ;  here  A  has  an  eftate-tail,  and  a 
fee-fimplc  expectant  thereon.  But,  had  it  been  in  the 
premifes  ••  to  him  and  his  heirs,"  habendum  ''  to  him 
ibr  life,"  the  habendum  \vould  be  uUeriy  void  ;  ior  an 
eftave  of  inheritance  is  veilc  d  m  him  before  the  babeii- 
dum  comes,  and  Ihall  not  afterwards  be  taken  away,  or 
diverted,  by  it.  I'he  tenendum  "  and  to  hold,"  is  now 
of  very  little  ufe,  and  is  onjy  kept  in  by  curtom. 

4.  Next  follow  the  terms  of  (tipulation,  if  anj-, 
lipon  which  the  giant  is  made  :  the  firrt  of  which  is  the 
reddendum  or  refervation,  whereby  the  grantor  doth 
create  or  referve  fome  new  thing  to  himfelf  out  of  what 
lie  had  before  granted.  As  "  reF.deririg  therefore  yeav- 
*'  ly  the  fum  often  ihiliings,  or  a  pepper  corn,  or  two 
*'  days  ploughing,  or  the  like." 

5.  Anodier  of  the  terms  upon  which  a  grant  may  be 
jnade  is  a  condition  ;  which  is  a  chuife  of  contingency, 
on  the  happening  of  which  the  eflate  granted  may  be 
defeated  ;  as  ''  provided  ahvays,  that  if  the  mortgagor 
"  (hall  pay  the  mortgagee  500/.  upon  fnch  a  day,  the 
\vhole  eftate  granted  fiiaib  determine  ;"  and  the  like. 

6.  Next  may  followMhe  claufe  of  warranty;  where- 
by the  grantor  doth,  for  himfcif  and  his  heirs,  warrant 
and  fecure  to  the  grantee  the  effate  fo  granted. 

7.  After  warranty  ufually  follow  covenants,  or  con- 
ventions, which  are  claufes  of  agreement  contained  ia 


DEED.  429 

a  deed,  whereby  eitlier  party  may  flipnlate  for  the  truth 
ol  certain  ia^ls,  or  may  biad  himicii"  to  pcrlorm,  or 
give,  ruiuctluiij^- to  tlie  other.  Thus  the  grantor  may 
covenant  that  he  hath  a  right  to  convey  ;  or  lor  the 
grantee's  qujet  enjoyment,  or  the  like;  the  grantee 
may  covenant  to  pay  his  rent,  or  keep  the  premiles  m 
repair,  &c.  11"  tlie  covenantor  covenants  for  himlcir 
ynd  his  lieirs,  it  is  then  a  covenant  real,  and  del'cends 
upon  the  heirs  ;  a\  ho  are  bound  to  pertor«n  it,  provid- 
ed they  nave  ailets  by  delcent,  but  not  othcrwiie  :  if 
he  covenants  alio  for  his  executors  and  adminiilrators» 
his  peilbiial  ailets,  as  well  as  his  real,  are  likewile 
pledged  for  the  performance  of  the  covenant;  which 
makes  llich  covenant  a  better  fccurity  than  any  w  ar- 
ranty.  It  is  alio  in  fome  relpe^ls  a  lefs  fecurity,  and 
therefore  more  bcnelicial  to  the  grantor  ;  v.ho  ulually 
covenants  only  for  the  a6s  of  himfelfand  his  anceftors, 
whereas  a  general  u-arranty  extends  to  all  mankind. 
For  which  reafons  the  covenant  has  in  modern  practice 
totally  fuperceded  the  other. 

8.  Ladly ,  comes  the  conclufion,  which  mentions  the 
execution  and  date  of  the  deed,  or  the  time  of  it's  be- 
ing given  or  executed,  either  exprefsly,  or  by  refer- 
ence to  fome  day  and  year  before- mentioned.  Not  but 
a  d<itd  is  good,  although  it  mention  no  date  :  or  hath 
a  falfe  date  ;  or  even  if  it  hath  an  impolYible  date,  as  the 
thirtieth  of  February  ;  provided  the  real  day  of  it's  be- 
ing dated  or  given,  that  is  delivered,  can  be  proved. 

The  fifih  requifite  for  making  a  good  deed,  is  the 
reading  of  it.  This  is  neceUary,  wlierever  any  ofthc 
parties  dehre  it  ;  and,  if  it  be  not  done  on  liis  requelK 
t\\e  deed  is  void  as  to  him.  If  he  can,  lie  Ihould  read 
it  himfelf  :  if  he  be  blind  or  illiterate,  another  muft  read 
it  to  him.  If  it  be  read  falfcly,  it  will  be  \oid  ;  at  leaft 
for  fo  much  as  isTnifrcciied  :  unlefs  it  be  agreed  by  coU 
lulion  that  the  deed  Hiall   bt  read  lalfe,  on  purpoll-  to 


43®  D  E  ED. 

make  it  void  :  for  in  fuch  cafes  it  fliall  bind  the  frau* 
duleat  party. 

Sixthly,  it  isreqiiifite  that  the  party,  nhofe  deed  it 
is,  fliould  feal,  and  now  in  moil  cafes  I  apprehend 
Ihould  fign  it  alfo. 

A  feventh  requifiteto  a  good  deed  is  that  it  bedeliver- 
cd,  by  the  party  himfelfor  his  certain  attorney  :  which 
therefore  is  alio  expreifecl  in  the  attciltition  ;  ''  fealed 
and  delivered.'*  A  deed  takes  eflecl:  only  from  this 
tradition  or  delivery  ;  for  if  the  date  be  fid'fe  or  impof- 
fible,  the  delivery  afcertains  the  time  of  it.  And  if  an- 
other perfon  feals  the  deed,  yet  if  the  party  delivers  it 
himfeU;  he  thereby  adopts  the  feaiing,  and  by  a  parity 
of  reafon  the  ligning  alio,  and  makes  them  boih  his  own. 
A  delivery  may  be  either  abfolute,  that  is,  to  the  par- 
ty or  grantee  himfelf ;  or  to  a  third  perfon,  to  hold  till 
fome  conditions  be  performed  on  the  part  of  the  gran- 
tee :  in  which  laftcafe  it  is  not  delivered  as  a  deed,  bnt 
as  an  efcrow*  ;  that  is,  as  a  fcrovvl  or  writing,  which 
ssnot  to  take  efFe6\  as  a  deed  till  the  conditions  be  per- 
formed, and  then  it  is  a  deed  to  all  intents  and  purpofes. 

The  iall  requifite  to  the  validity  of  a  deed  is  the  at- 
teftation,  or  execution  of  it  in  the  prefence  of  u-itnefTes  i 
though  this  is  neceflary,  rather  for  preferving  the  evi- 
dence, than  for  eonilituting  the  effence  of  the  deed. 

If  a  deed  wants  any  of  the  effential  requifites  before 
jnentioned;  eitiier  X.' Proper  parties,  and  a  proper  fub- 

*  The  er;cro--:v  inay  be  as  follows  :  after  the  words  "  seale<i  anri 
flelivered  in  presence  of  us,"  and  before  the  witnesses  sii;n,^ 
insert,  "(As  an  escrow  to  take  effect  upon  the  ;^rantee's  coming  of 
age  and  conveyint^  to  the  grantors  herein  named  their  several  and 
respective  shares  in  the  lands  valued  and  apportioned  to  and  among 
ihc  said  grantee  and  the  said  graiitors,  Sec.)"  [Or,  as  the  case  vm 
If  >']  after  whith  the  witnesses  mav  sij^n. 


DEED.  431 

je(?\  matter  :  2.  A  good  and  fufficicnt  confideratlon  : 
5.  VVillintj,  oil  paper  or  purchmtnt,  duly  ilamped  i 
4.  Sufiicitiit  a!Kl  legal  wordb,  properly  dilpoi'ed  :  5, 
Kcadiiig,  if  delired,  before  the  execiilion  :  G.  Sealing, 
and,  by  the  (latute,  in  moll  cafes  iignint;  alfo  :  or  7.  De- 
livery ;  it  is  a  void  deed  ab  initio.  It  may  alfo  be  a- 
\o\<\c(\by\T\AX\.<:v  ex  post  facto  :  as,  1.  By  rafure,  in- 
terlining, or  other  allei  ation  in  any  material  part ;  un- 
Icfs  a  memorandum  be  made  thereof  at  the  time  of  the 
execution  and  attellation.  2.  By  breaking  off,  or  defa- 
cing the  feal.  3.  By  delivering  it  up  to  be  cancelled  ; 
that  is,  to  have  lines  draw  n  over  it  in  the  form  of  lat- 
tice work  or  canccll'i  ;  though  the  phrafe  is  now  ufed 
figuratively  for  any  maimer  of  ol^litcration  or  defacing 
it.  4.  By  the  difagreement  of  fuch,  whofe  concurrence 
is  necellary,  in  order  for  the  deed  to  (land  :  as  the  huf- 
band,  where  a  feme-covert  is  concerned  ;  an  infant,  or 
pcrfon  under  durefs,  when  thofc  difabilities  are  remov- 
ed ;  and  the  like.  S.  By  the  judgment  or  decree  of  a 
court  of  judicature.  This  was  anciently  the  province 
of  the  court  of  liar  chamber,  and  now  of  the  chancery  : 
when  it  appears  that  the  deed  v. as  obtained  by  fraud, 
force,  or  other  foul  praclice  ;  or  is  proved  to  be  an  ab- 
folute  forgery.  In  any  ofthefc  cafes  the  deed  may  be 
avoided,  either  in  part  or  totally,  according  as  the 
caufe  of  avoidance  is  more  or  lefs  extenfive.  See  2 
lUack,  299  y  seq. 

If  a  man  through  ^<:-;>x  of  death  or  mayhem  is  pre- 
vailed upon  to  execute  a  (\tQ^^  or  do  any  other  legal 
acrl  ;  thefe,  tho'  accompanied  with  all  other  the  rec]ui- 
fitefolemnities,  maybe  alUrwards  avoided,  if  forced 
111)011  him  by  a  well  grounded  apprehenfion  if  lofmg 
his  life,  or  even  his  limbs,  in  cafe  of  his  non-compH- 
^.nce,     1  Blac.  132. 


452  DEE  D. 

By  Aud'uors  imdcr  a  Domestic  Attachmcfit. 

Toall  perfons  to  whom  theft- prefents  {hull  come,  Abel 
jBec,CaledIJoc\i\iK[J^noc/jJu/ic/j^i'cn(.\^tci:iiu^:  Where- 
as a  certain  writ  of  attachment  giour.cleduiuhca6\  ofaf- 
iembiy  of  thisftate,  in  fuch  cafe  made  and  provided, 
hath  been  awarded  by  the  court  of  common  pleas,  held 

at ,  for  the  county  of ,  at  th®  fuit  of  Pasquin 

Q«zz,  bearing  telle  the  day  of ,  in  the   year 

of  our  Lord ,  and  returnable  the day  of , 

againft  the  goods  and  chattels,  lands  and  tenements  of 
JiioTi  jRo-iv,  late  of  the  county  aforei'aid,j)'6'o«/c?/;,  direct- 
ed to.  the  Iheriffof  the  faid  county,  by  whom,  amongll 
other  things,  in  purfuance  thereof,  was  attached  a  certain 
meffuage,  &:c.  [_Here  describe  the  premises.']  And 
■whereas  on  the  return  of  the  faid  v.Tit  in  the  fame  tetm 

of laft  pail,  the  faid  Abel  Bee,  Caleb  Doe,  and  E- 

noch  Finch ^  were  nominated  and  appointed  by  the  jud- 
ges of  the  faid  court  of  common  pleas,  at ,  to  au- 
dit the  accounts  of  the  faid  Rion  Row^s,  creditors,  and 
to  adjuft  their  demands,  and  fettle  their  Ihares  and  pro- 
portions of  the  ai'orefaid  Rion  Roi-ys  whole  eilate,  real 
and  peifop.al.  And  whereas,  the  faid  Abel  Bee,  Caleb 
Doe,  and  Enoch  Finch,  haviiig  given  due  and  timely 
notice  of  the  time  and  place  of  fale  of  the  faid  melfiiage 
or  tenement  and  lot  of  ground  by  the  faid  Hieriff  as  a- 
forefaid  attached,  expofed  the  fame  to  public  fale  or 

vendue  on   the day  of laft,    when    Thomas 

Gold,  of ,  merchant,  bought  the  fame  for  the  fum 

of -dollars,  he  being  the   bell  and  highell  bidder. 

Now  know  ye,  that  the  faid  Abel  Bee,  Caleb  Doc,  and 
Enoch  Finch,  by  force  and  virtue  of  the  act  of  affem- 
bly  aforefaid,  and  for  and  in  confideratlon   of  the  fum 

of dollars,   to  them  in  hand  paid  to  and  for  the 

life  of  the  faid  Rion  Row,  by  the  faid  Thomas  Gold^ 
the  recei])t  whereof  is  hereby  acknov.dedged,  have 
granted,  bargained,  fold,  aifured,  and  delivered,  and  by 
thefe  prefents  do  as  much  as  in  them  the  faid  auditors 


DEED,  433 

Ik  and  they  lawfully  may,  ,Krant,    bargain,  fell,  aiTure 
and  deliver  unto  ilic  laid  'I'honuis  Go/a,    iiis  ijtirs  and 
ailigns,  all  the  aforclaid  nit.llVia|;e  or  tci)e;r.cnt  [^/jcrc  do 
scribe  the  premises  pat  ticular/j']     1  ogcthcr  ailb  \viiU 
all   and  linijjuiar   the   buildint's,  improvemtnts,  ways, 
watcib,  waLcr-couilt'S,  rights,  liberties,  privileges  and 
appiirteiuinces  u  hatloever  thereunto  belonging,   or  in 
any  wile  appertaining,  and  the  reverlions  and 'remain- 
ders thereof,  and  all  the  ellate,  right,  title,  interell,  ufe, 
poircllion,  property,  claim,  and  demand  whatfoevcr,  of 
him  the  laid  Rion  Row,  of,  in,   to  or  out  of  tlic  above 
mentioned  premifes  :   To  have  and  to  hold  the  f.iid  de-. 
fcribed  meirnage  or  tenement  and  lot  of  ground,  here^ 
dltamcnts  and  premifes  hereby  granted,  bargained  iincl 
fold,  or  mentioned  or  intended  fo  to  be  with  the  appur* 
tenances,  unto  the  faid  Tbojnus  Gold,  his  heirs  and  af- 
figns,   to   the  only  proper  ufe  and  behoof  of  the  laid 
Thomas  Gold,  hio  heirs  and  a^^gns  forever,  according 
to  the   form  and  efieCt  of  the  aft  of  riir^mWy  in   fuch 
cafe  made  and   provided.      [^Herc  insert   the  ground 
rents,  if  any. ^^     la  witiiefs,  &C. 

X^eed  Poll, 

To  all  people  to  whom  thefe  pi-efents  (hall  come^ 

Abbey  Bern  of  the  city  of ,  in  the  Hate  of ,   ivi* 

dow  and  relict  oj"  Ira  Bent,  late  of  the  same  place,  es* 
quire,  deceased^  Enoch  Bent,  of  the  fame  place,  77a'r- 
charit,  eldeftfon  and  heir  ai  law  of  the  faid  deceafed, 

Forbes  Bent,  of  the  borough  of  — — ^,  in  the  ftate  of * 

aforefaid,^^'7?///"W/^r;i,  another  of  the  fons  of  the  laid  de-^ 

ceafed,  and  John  Slack^  of  the  borough  of at'^orefaid, 

gentleman,  and  Mary,  his  wife,  late  ATary  Bent,  only* 
daughteroflhc  faidduceafed.fend  greeting:  [^Recitals.'^ 

Know    ye,    that    the     faid    Abbey     Bent,    Envch 
Bent,  Forbes  Bent,  John  Slack  and  MiifJ  hi^  ^vife,  iof. 


434  BEE  D. 

and  in  confideratlon  of  the  fum  of dollars  to  them 

in  hand  paid  by  Isaac  Nortun,  of  the  city  of a- 

forefaid,  at  and  before  the  enfeaiing  and  delivery  here- 
of, the  receipt  whereof  they  do  hereby  acknowledge, 
and  thereof  acquit  and  forever  difcharge  the  laid  Isaac 
Norton^  his  heirs,  executors  and  adminillrators,  by 
thefe  prefents,  have  granted,  bargair.ed,  fold,  reieafcd 
and  confirmed,  and  by  thefe  prefents  do  grant,  baigain, 
fell,  releafe  and  confirm,  unto  the  laid  Jsaac  A'orton, 
his  heirs  and  alligns,  all  that  mefuiage  or  tenement,  &.c. 
Together  with  all  and  hngular  the  buildings,  improve- 
ments, ways,  woods,  waters,  w.ater-couifes,  rights,  li- 
berties, privileges,  hereditaments  and  appurtenances 
whatfoever,  thereunto  belonging,  or  in  any  wife  apper- 
taining, and  the  reverhons  and  remainders,  rents,  iffues 
and  profits  thereof  ;  and  alfo  all  the  eftate,  right,  title, 
interell,  property,  claim  and  demand  whatfoever,  of 
them  the  faid  Abbey  Bent^  Enoch  Bent^  For* 
bes  Bent^  John  Slack  and  Mary  his  wife,  in  law  or  e- 
quity,  or  otherwife  howfoever,  of,  in,  to,  or  out  of  the 
fame.  To  have  and  to  hold  the  faid  mefliiage,  or  ten- 
ement, and  lot  or  piece  of  ground,  hereditaments  and 
premifes,  hereby  granted,  or  mentioned  or  intended  fo 
to  be,  with  the  appurtenances,  unto  the  faid  Isaac  Nor- 
ton, his  heirs  and  alfigns,  to  the  only  proper  ufe  and 
behoof  of  the  faid  Iscfac  jYorfoj-/,  his  heirs  and  affigns, 
for  ever  ;  fubjeft  to  the  payment  of  the  yearly  ground* 

rent  of  dollars,  hereafter  accruing  for  the  fame, 

and  payable  thereout  to   Caleb  Doe  of ,  his  exe- 
cutors, adminillrators,  or  affigns.    In  witnefs,  &:c. 

^CT"  A  deed  made  by  one  party  only  is  not  indent- 
ed, but  polled  or  fiiaved  quite  even  ;  and  therefore 
called  a  deed  poll,  or  a  fmgle  d^ed. 


DEED.  435 

Ofllc'irs  at  Lavo  releasing  a  Trust  reposed  in  the  In- 
testate. 

To  all  people  to  whom  thefe  prcfents  fliall  come,  Rd- 

chel  Duck,    of ,  Amos  Duck,  of ,    IP'm  Ducky 

of ,  and  Amos  Folk,  and  "Jane  his  wife,   late  [jane 

Thick,  (the  faid  Rachel  Duck  being  the  mother,  the 
fuid  Amos  Duck  and  JFin  Duck  being  the  brothers,  and 
thefaid  Jane,  being  the  filler  o'i  Samuel  Duck,  late  of 

,  gentlemen,  deceafed),  fend  greeting.    Whereas 

the  faid  Samuel  Duck  in  his  lifetime,  Daniel  Bane,  es- 
quire, JValicr  Bane,  John  ShaiD  and  John  Wyer,  all  of 
,  were  jointly  intereilcd  and  concerned  in  the  pur- 
chafe,  location,  andfurvey  of  twenty-one  trads  of  land, 

on  the  waters  of  the  river  ,  in  the  townlhip   of 

,  in  the  county  of ,  and  ilate  of ,  con- 
taining together ,  be  the  fame  more  or  lefs,  the  le- 
gal title  whereof  by  their  confent  and  appointment,  was 
veiled  in  the  faid  Samuel  Duck,  who  held  the  fame  in 
trufl  for  the  ufe  of  the  parties  aforefaid,  in  the 
following  proportions,  to  wit  :  one  equal  fourth  part 
thereof  to  the  ufe  of  the  faid  Daniel  Bane,  and  his  hcirs^ 
one  other  fourth  part  thereof  to  JTalter  Bane,  and 
his  heirs  ;  one  equal  fixth  part  thereof  to  c/i>/>//  S/jaiVy 
and  his  heirs  ;  one  otlier  iixth  part  thereof  to  Jo/jfi 
IVyer,  and  his  heirs,  and  the  remaining  iixth  part  to 
his  own  proper  ufe  and  behoof.  And  whereas  the  faid 
Samuel  Duck,  being  fo  feifed  of  the  premifes,  lately 
died  inteftate,  whereupon   the  fame,    by   tlie  laws   of 

• did  defccnd  and  come  to  the   faid  Rachel  Ducky 

Jmos  Duck,  IFin  Duck,  and  Jane  the  wife  of  the  faid 
Jmos  Folk,  fubjcft  to  the  trull  aforefaid  :  Now  know 
ye,  that  the  faid  Rachel  Duck,  Amos, Duck,  Win  Ducky 
and  Jane  the  wife  of  the  faid  Amos  Folk,  in  purfuance 
of  the  fiicj  trull  fo  as  aforefaid  repofed  in  the  faid  Sa^ 
viuel  Duck,  in  his  lifetime,  and  alfo  for  and  in  confide- 

ration  of  the  fum  of dollars  each  to  them  in  hand 

paid  by  the  faid  Jvbn  Si^aiv,  At  and  before  the  cnfea^f 


m  DEE  D. 

ing  and  delivery  hereof,  the  receipt  whereof  Is  hereby 
aukr.ouiedgcd,  have  i;; anted,  bargained, fold,  reinifed, 
releafed  and  confuined,  and  by  thtfc  preltnts,  do  grant, 
bargain,  fell,  remife,  releafe  and  conliim,  unto  the  faid 
Jo/J7i  S/jci-iv,  and  to  his  hens  and  afligns,  one  lull,  equal 
and  undivided  Uxdi  part  (the  whole  iiUo  tix  eqiiai  parts 
to  be  divided)  of  and  iu  the  faid  twentj-one  tra(Sts  of 

of  iand, containing acres.  Together  with  all  and 

fmguiar  the  rights,  members  and  appurtenances  what- 
Jbe\'er,  to  the  laid  equal  hxth  part  belonging,  or  in  any 
wife  appertainmg,  and  the  reverfions  and  remainders 
thereof,  and  alfoall'the  ellate,  right,  title,  intcreft,  ufe, 
poffeffion,  property,  claim  and  demand  whaifoever  of 
the  faid  iiacbcl  Duck,  &c.  Stc.  To  have  and  to  hold 
the  laid  undivided  fixth  part,  &c.  for  fuch  ef- 
tate  and  eftates,  and  under  fuch  rents  and  conditions 
as  the  iiiid  Samuel  Duck^  had  and  held  the  fame  in  his 
lifetime,  without  any  warranty  exprefs  or  implied  by 
the  words  of  this  deed,  lave  only  againlt  the  faid  Ra, 
(hael  Duck,  yc.  ^c.  their  heirs  and  affigns,  feverally 
and  no;  jointly,  nor  the  one  for  the  other,  or  for  the  a6l 
or  deed  of  the  other,  but  each  for  their  own  acls  only, 
Jii  witnefs  whereof,  8fc. 


Of  Feoffment, 

This  Indenture,  made  the day  of between 

A^cl  Bcll^o^- ,  of  the  one  part,  and  Caleb  Doe,  of 

-. ,  of  the  other  part,  witneiTeth,  that  the  faid  Abel 

Bell,  for  and  in  confideration  of  the  fum  of dol- 
lars, the  receipt  vt  hereof  is  hereby  acknowledged, hath 
granted,  bargained,  fold,  aliened,  enfeoffed,  relcafed 
and  confirmed,  and  by  thefe  prefents  doth  grant,  bar- 
gain, fell,  alien,  enfeoff,  releafe  and  confirm  unto  the 
iaid  Caleb  Doe,  his  heirs  and  affigns  for  ever,  all  that 
^aieifuage  or  tenement,  S^c,  and  the  reverfion  and  re-. 


D  E  E  D.  4S7 

vcrfions,  remainder  and  remainders,  rents  and  fervi- 
ces  thercol",  and  uiib,  all  the  ellate,  right,  title,  intc- 
rcft,  elaini  and  demand  whatl'oever,  of  him  the  faid 
^bcl  Bell^  of,  in,  and  to  the  faid  prcmifes,  and  of,  in, 
and  to  every  part  and  parcel  thereof,  To  have  and  to 
hold  the  faid  nielluage,  tenement,  and  premifes  above- 
mentioned,  with  the  appurtenances,  unto  the  faid  6V7- 
Icb  Doe^  his  heirs  and  ahigns,  for  ever.  And  the  faid 
Abel  BclL^  for  himfeif,  his  heirs  and  afilgns,  doth  cove* 
nant  and  grant  to  and  with  the  faid  Caleb  Doc^  his 
heirs  and  aOigns,  that  he  the  faid  Abd  llcll^  now  is 
lawfully  and  rightfully  feized,  &c.  And  alio,  that  he 
the  faid  ^-y^f/ ij't'// hath  good  right,  full  power,  and 
lawful  authority,  in  his  own  right,  to  grant,  bargain, 
fell  and  convey, all  and  fingular  the  faid  mefl'uagesand 
premifes,  with  the  appurtenances,  unto  the  faid  Caleb 
Doc\  his  heirs  and  ailigns.  And  that  he  the  faid  Ca- 
leb Doe^his  heirs  and  afiigns,  lliall  and  may  at  all  times 
for  ever  hereafter,  peaceably  and  quietly  have,  ho'd, 
occupy,  pollefs  and  enjoy,  all  and  fingular  the  laid 
melfuage,  kuuls,  tenements,  hereditaments,  and  pre- 
mifes abovementioncd,  with  the  appurtenances,  v/ith- 
out  the  let,  trouble,  hiridiancc,  molellation,  interrup* 
tion,  or  denial  of  him  the  faid  Abel  Bell  his  heirs  or 
afligns,  or  ofany  other  ])erlan  or  perfons  whntfoever, 
claiming,  or  to  claim,  by  from,  or  under  him,  them,  or 
any  of  them,  f  e:[cept  as  hereinafter  is  excepted)  and 
that  freed  and  diicharged,  or  othcr\\ife  well  and  fufii- 
ciently  faved  and  kept  harmlefs  and  indemnified  of  and 
from  all  former  and  other  bargains,  fales,  gifts,  grants, 
leafcs,  mortgages,  jointures,  dowers;,  ufes,  wills,  in- 
tails,  fines,  pod-fines,  ilfnes,  amerciaments,  feizures, 
bonds,  annuities,  ftatutes,  recognizances,  extents, 
judgments,  executions,  rents,  and  arrears  of  rent,  and 
of  and  from  all  former  and  other  charges,  eflalcs, 
rights,  titles,  troubles  and  incumbrances  \vhatf(»cver, 
liiid,  made,  committed,  doncj  or  fuffcred,  or  to  he  hadj 


4SS  DEED. 

made,  committed,  done,  or  fuffercd  by  the  faid  Abel 
Ih.ll^  or  any  pcrfou  or  perlons  vvhalloevcr  claimiiiir,  or 
to  claim,  by,  from,  or  under  him,  them  or  any  ofihtni 
(except  one  indt-nture  ofleafe  granted  by  tlie  {\x\i\Jbel 

McU^  to  Enoch  Finch ^  of ,  of  part  of  tlie  faid  pre- 

mifcs,  for  tiie  term  of years,  under  the  yearly  rent 

of dollars,  which  rent  is  intended  to  pafs  hereby). 

And  further,  that  tht;  faid^i<^6V  Ikll  •a\-\(\  his  heirs,  and 
all  and  every  other  perfon  and  perfons,  havhig  or 
claiming  in  the  faid  premifes  abovemcntioned,  or  any 
part  thereof,  by,  from,  or  under  him,  (exce])t  as  be- 
fore excepted)  Ihall  and  will,  frdm  time  lo  time,  and 
at  all  times  hereafter,  upon  the  reafcnable  requeil,  and 
at  the  colls  and  charges  of  the  faid  Caleb  Doe^  his 
heirs  or  atTigns,  make,  do,  and  execute,  or  caufe  and 
procure  to  be  made,  done,  and  executed,  all  and  eve- 
ry fuch  further  and  other  lawful  and  reafonable  acl  and 
acls,  thing  and  things,  devifes,  deeds,  conveyances, 
and  aflurances  in  the  law  vvhatfoever,  for  the  further, 
better,  and  more  perfe^lly  granting,  conveying  and 
alluring,  of  all  and  lingular  the  faid  premifes  above- 
mentioned,  with  the  appurtenances,  unto  the  faid  CVz- 
leb  Doe^  his  heirs  and  affigns,  to  the  only  proper  ufe 
and  benefit  of  the  faid  Caleb  Doe,  his  heirs  and  affigns 
for  ever,  according  to  the  true  intent  and  meaning  of 
thefe  prefents,  as  by  the  faid  Caleb  Doc,  his  heirs  and 
affigns,  or  his  or  their  counfel,  fliall  be  reafonably  de- 
viled, advifed  and  required.  And  lafdy,  the  faid  4bel 
Btll\v\i\\  made,  ordained,  confcituted  and  appointed, 
and  by  thefe  prefents  doth    make,  ordain,   conflitute 

and  appoint  Ezra  Foot,  of ,  and  George  Hughes, 

of ,  his   true   and  lawful  attornies,  jointly,  and 

either  of  them  feverally,  for  him  and  in  his  name,  into 
the  faid  mefTiiage,  lands  and  premifes,  with  the  appur- 
tenances, hereby  granted  and  conveyed,  or  mentioned 
fo  to  be,  or  into  fome  part  thereof,  in  the  name  of  the 
whole,  to  enter,  and  full,  quiet  and  peaceable  poireflloft 


DEED.  A39 

and  fcifin  iJiercof,  forhim,  and  in  his  name,  to  take 
and  have,  and  Inch  potlinion  and  fcilln  lb  thcrcol" taken 
and  hud,  the  like  I'liU  iJoirelUon  and  icilln  thereof,  or  of 
fome  [r^rt  tl^ereof,  in  the  name  of  the  ^vhole,  unto  the 
laid  Caleb  Dqc^  or  to  his  ceitain  attorney,  to  give  and 
deliver,  '1  o  hold  to  him  the  laid  Caleb  Doe.,  his  heirs 
and  alliens,  for  ever,  according  to  the  true  iiptcnt  and 
mcainng  of  thefe  prefents,  hereby  ratifying,  eonfirm- 
ing  and  allowinyr,  and  agreeing  to  ratify,  confirm  and 
allow,  all  and  whatfoever  his  laid  attornies,  or  either  of 
them,  fliall  do  in  the  premifes.     In  w  itnefs,  ^c. 


Deed  Poll  on  disfranchising  a  j\femher  of  a  Company^ 

To  all  to  whom  thefe  prefents  fliall  come,  the  mafter, 
wardens  and  fociety  of  the   art  and  myftery  of  apothe* 

caries  of  the  city  of ,fend  greeting  :  Know  ye, that 

we  for  divers  good  caufes  and  confiderations,  us  here- 
unto efpecially  moving, have  acquitted, releafed, and  diffc 
charged,  and  by  thefe  prefents,  for  us  and  our  fuccef- 
fors,  do  acquit,  reieafe,  and  difcharge  Avws  Bond,  apo- 

thecary\oi ,  of  and  from  his  freedom   in   the  faid 

fociety  or  company,  and  of  and  from  all  other  offices, 
duties,  cha.ges,  payments,  and  things  whatfoever  re- 
htting  thereto,  or  whereto  he  now  Ihinds  engaged,  by 
virtue  of  any  charters,  bye-laws,  ordinances,  or  other 
matter  or  thing  whatfoever;  and  fo  as  of  and  from  the 
fame,  he  fliall  and  may  at  all  times  hereafter  be  fully 
and  abfolutcly  difcharged  by  thefe  prefents.  In  witnefs 
wiiercof  we  have  hereunto  caufed  our  public  feal  to  be 

fet,  this day  of ,  in  the year  of  the 

reign  of  our  fovereign,  ^V. 


440  D  L  K  I), 

From  an  Administratrix  for  Land  ::  old' at  vendue   by 
order  of  Orphans  Court. 

This  indenture  made  the day  of ,  bet-'.vcenL 

Mary  Hay,  adniiniibatrix  of  all  and  fnigular  the  goods 
and  chattels,  rights  and  credits,  which  were  o)i  John 

Hay^  late  of ,  ivea'Udr^  deccafed,  at  the  time  of  his 

death  (who  died  mtellate)  of  the  one  part ;   and  Jesse 

Sharps  of yeoman^  of  the  other  part  :    Whereas 

the  faid  John  Hay^  in  his  lifetime  and  at  the  time  of  his 
death,  was  feifed  in  his  demefne  as  of  fee  of  and   in  a 

certain  tra6l  of  land,  iituate  in ,  containing  about 

acres.  And  whereas  adminiilration  of  all  and 
fmgular  the  goods  and  chattels,  rights  and  credits 
which  were  of  the  faid  John  Hay^  at  the  time  of  his 
death,  after  the  death  of  the  faid  fohn  Hay,  was  in  due 
form  of  law  committed  to  the  aforefaid  Mary  Hay, 
who  having  undertaken  the  burthen  of  adminiftering 
the  fame,  did  fettle  her  accompt  of  the  adminiilration 
aforefaid,  before  the  judges  of  the  orphans  court  of  the 

faid  county  of ,  at  a  court  held  at ,  m  and  for 

the  faid  county  the day  of lail  pall,  by  which 

faid  fettlement,  it  was  manifeil,  that  the  perfonal  ellate 
of  the  faid  y(?,6;2  i7f(y,  deceafed,  was  not  fufficient  to 
pay  his  juft  debts  and  m.aintain  his  children.  And 
whereas  by  the  petition  of  ihe.  faid  Mary  Hay^  to  the 
ikid  judges,  fetting  forth  the  premifes,  and  praying  the 
faid  court  to  allow^  her  to  make  fale  of  fo  much  of  the 
faid  lands  as  the  faid  court  fliould  judge  neccffary  for 
the  purpofes  aforefaid,  and  thereupon  it  wasconfidered 

and  ordered  by  the  faid  court  that acres  of  the  a- 

bovementionedland,  adjoining  the  lands  of- ,  be 

fold  on  the  day  of ,  at ,  according  to 

the  prayer  of  the  laid  petition,  as  by  the  records 
and  proceedings  of  the  faid  court,  reference  thereunto 
being  had  may  fully  and  at  large  appear.  And  where- 
as in  purfuance  of  the  faid  order,  and  by  force  and  vir- 
tue of  die  laws  of  this  ftate,  in  fuch  cafe  made  and  pro« 


DEED.  441 

viclc(J,  aftenvan.ls,  to  nit. on  the  fald day  or*— —at 

,  tlic  IukI  Mjry  Hay,  did  exi^ofe  to  lii.e  at  public 

vcadufc  orauclioii,  the  hLreinul'icr  dcfcribed acres 

oriaiKl,|>art  o*  the  above  laid  —  acres, and  atijoininiij  the 

lands  Of"  the  laid  ,    alter  duly  advertiimg  the  lame 

accoidintjj  to  law,  andtiien  and  there  chd  ft.U  the   lame 

to  the  laid  Jesse  ^barp,  for  the  funi  of dollars,  he 

being  the  highell  bidtler,  and  that  the  hif^heft  and  beft 
price  bitlden  for  the  fame  ;  which  fale,  on  report  there- 
of made  to  the  laid  judges,  on  the  day  of , 

was  confirmed  by  the  faid  court,  and  it  nas  confidered 
and  adjudged  by  the  laid  court,  that  the  fame  Ihould 
be  and  rem  lin  firm  and  liable  for  ever,  as  by  the  records 
and  proceedinL>;s  of  the  fame  court,  reference  b«ing; 
thereunto  hud,  more  fuliy  and  at  large  appears.  Now 
this  indenture   witnelfeth,    that  the   faid    Mary  Hay, 

for  and  in  confideration  of  the  faidfum  of dollars* 

to  Jicr  in  hand  paid  by  the  faid  Jesse  S/jirfj.  at  and  be- 
fore the  cnfcaling  and  delivering  hereof,  tne  leceipt 
whereof  Ihe  doth  hereby  acknowledge,  and  thereof  ac- 
quit and  forever  difcharge  the  faid  Jesse  Sharp,  his 
heirs,  executors  and  adminiilrators,  by  thefe  prefents, 
hath  granted,  bargained,  fold,  releafed  and  confirmed, 
and  by  thefe  prefents,  doth  grant,  bargain,  fell,  releafe, 
and  confirm  unto  the  iAxdJesseShiirp,  all  that  piece  or 

parcel  of  land,  lituate  in ,  adjoining  lands  of , 

bounded  andd(fcribed  as  follows,  that  is  to  fay » 

and  containing acres  :  Together  with  all  and  fm. 

gular  the  houfes,  out-houfes,  buildings,  barns,  ftables, 
v,-ays,  woods,  waters,  water-^ourfe-s,  rights,  liberties, 
privilege*^,  hereditaments  ana  appurtenances  whatfoe- 
ver  thereunto  belonging,  or  in  any  wife  appertaining, 
and  tlie  reverfions  and  remainders,  rents,  ilTnes,  and 
profits  thereof,  and  alfo  all  the  ellate,  right,  title,  inte- 
refl,  property,  claim,  and  demand  whatfoever  of  the 
faid  John  Hay,  in  his  lifetime,  at  and  immediately  be;-f 
forethe  time  ofhis  deceafe,or  of  herthe  i-oXdMaryHo^y 


U^  DEED. 

in  law  or  equity  or  otherwife  howfoever,  of,  in,  to  ot 
out  of  the  fame  :  To  have  and  to  hold  the  faid  piece 
or  parcel  of  land,  hereditaments  and  preijiifes  hereby 
granted  or  mentioned  or  intended  fo  to  be  with  the  ap« 
purtenances,  unto  the  faid  Jesse  Sharps  his  heirs  and 
afiigns,  to  the  only  proper  ufe  and  behoof  of  the  laid 
Jesse  Sharpy  his  heirs  and  aifigns  forever.  In  uit« 
nefs,  &c.     (6'^^  Read's  Dig,  188.) 


Sheriff  ^s  Deed  upon  a  Venditioni  Exponas., 

To  all  people  to  whom  thefe  prefents  Iball  come^ 
Henry  Smithy  efquire,  high  Iherifi'  of  the  county  of 
"' — -—^  in  the  commonwealth  of  Pc«;z57/=yc?;?ii7,  fendeth 
greeting  :  Whereas  b}'  a  certain  writ  of  i^Vtri  Facias^ 
ilfued  out  of  the  court  of  common  pleas,  for  the  coun- 
ty of -,  telkd  at  -— -,  the  — —  day  of to  the 

faid  flieriff  dire6led,  he  was  commanded   that  of  the 
goods  and  chattels,  lands  and  tenements  of  Ann  Noh^- 
late  of  his  county,  ividov:^  m  bis  bailiwick,  he  ftould 

caufe  to  be  levied  as  well  a  certain  debt  of ,  which 

Simon  Prahl^  lately  in  the  faid  court  recovered  againft 
her  as  — ■ — ,  which  to  the  faid  Simon  Prahl  were  ad- 
judged for  his  damages,  which  he  fuftained  by  occaiion 
of  the  detention  of  that  debt,  and  that  he  fliould  have 

tbofe  monies  before  the  judges  of  the  faid  coTirt  at ^ 

at  a  county  eourt  of  common  pleas  there  to  be  held  for 

the  faid  county  of ,  the  -^-^--^  then  next,  to  render 

to  the  faid  Simon  Ppahl,  for  his  debt  and  damages  a^ 
■forefaid,  whereof  the  faid  Jnn  Nob  is  convi«£l,  as  ap-* 
Jjcars  of  record,  and  that  he  fiiould  have  then  there 
that  writ.  And  v/hereas  the  faid  llierifF  did  on  that  day 
yeturn  to  the  faid  judges  at  — — ,  that  by  virtue  of  the 
laid  writ  to  him  direiSled,  he  had  feifed  and  taken  in 
execution,  a  certain  messuage^  ye.  [^according  to  the 
sheriff  U  return^']  which  remained  in  his  hands  unfold 
^F-W.^nt  of  buyers,  fo  thai  he  eoitld  not  have  the  mo* 


DEED, 


44^ 


nics  in  the  faid  writ  mentioned,  at  the  day  and  place 
therein  Ipccihcd,  as  by  the  laid  writ  he  was  command- 
ed, and  that  the  rclidue  of  the  execution  of  the  faid  writ 
WHS  contained  in  a  certain  fehedule  or  inquilition  there- 
unto annexed.  By  which  faid  IcUedule  or  intjuifition  it 
appears  on  the  oaths  and  affirmations  of  the  inquell 
therein  named,  and  under  their  hands  and  ftals,  that 
the  rents,  ilUies  and  protits  of  the  faid  nicssuugt;^  yc\ 
were  not  of  a  clear  yearly  value  beyond  all  reprilcs,  fuf- 
ficient  within  the  fpace  of  feven  yeais  to  fatisiy  the 
debt  and  damaj^es  in  the  laid  writ  inenuoned.  And 
ivhereas  by  a  certain  writ  of  l^cnditio7n  Exponas^  iffii* 

ed  out  of  the  laid  court,  bearing  telle  at aforefaid, 

the  — —  day  of lail  pall,   and   to  the  laid  llierilf 

directed,  he  was  commanded  that  the  faid  messuage^ 
is'c.  with  the  appurtenances  lb  by  him  feifed  and  taken 
in  execution  as  aforefaid,  he  Ihouid  expofe  to  faie,  and 
that  he  Ihould  have  the  monies   ariling  from  fuch  I'ale 

before  the  faid  judges  at  ,  at  the  court  of  common 

pleas  there  to  be  held,  for  the  faid  county  of ,  the 

day  of then  next,  to  render  to  the  laid  /S"/* 

mon  Prahl^  for  his  debt  and  damages  aforelliid.  And 
whereas  the  faid  llicriS"  having  given  due  and  legal  no- 
tice of  the  time  and  place  of  lale  of  the  laid  messuage^ 

^"c.  did  on  Monday  the day  of  ,   expofe  the 

fame  to  fale  by  public  vendue  or  outcry,   and  fold  the 

fiime  to  Jacob  Long^  of ,   for  the  fum  of ,  he 

being  the  highell  bidder,  and  that  the  higheft  ajnd  beft 
price  bidden  for  the  fame.  Now  know  ye,  that  the  faid 
Iheriff,  for  and  in  confideration  of  the  aforefaid  fum  of 

to  him  in  hand  paid  by  the  faid  Jacob  Long^   at 

and  before  the  enfealing  and  delivery  hcreof,the  receipt 
M hereof  he  doth  hereby  acknowledge,  hath  granted, 
bargained,  and  fold,  and  by  thcfe  prefents,  according 
to  the  directions  of  the  faid  lad  recited  writ,  and  by 
force  and  virtue  thereof,  doth  grant,  bargain  and  fell 
unto  the  fiud  Jacob  Long,  \\u  heirs  and  iiflig;n.S5  all  that 


AU  DEED. 

the  faid  messuage^  ^c.  Together  with  all  and  fingular 
the  builcihigs,  iinprovcniculb,  I'lgntb,  witUii  eis  and  iip- 
piineuaiictb  whaiiocvcr  thcicunto  bcion^ing^  or  m  any 
Wiie  appertaining,  and  the  reverfions  and  remainders, 
renis,  lilbcs  and  profits  thereof.  Aiid  alio  ail  the  el- 
tate,  right,  title,  interell,  property,  chum  and  demand 
xvhatfoever  of  her  the  laid  Jhni  Ncb^  of,  in,  to  or  'out 
of  the  fame  :  To  have  and  to  hold  the  faid  messuage^ 
i^jc.  hereditaments  and  premifes  hereby  granted  or 
yiientioned  or  intended  fo  to  be,  with  the  appurtenan- 
ces, unto  the  faid  Jacob  Long,  his  heirs  and  affigns,  to 
his  and  their  only  proper  nle  and  behoof  forever,  for  / 
fuch  eilate  and  under  fuch  rents  and  conditions  as  the 
iliid  Ajvi  Nob  had  and  lield  the  fame. at  ad  iramediaie- 
iy  before  ihetaking  thereof  in  execution,  but  for  no 
.larger  or  greater  ellate  than  Ihe  tht  find  Ann  JVcb^  then 
and  then-  had  and  heJdthc  lame,  according  to  the  form- 
and  effc6\  of  the  laws  and  ufage  of  this  commonwealth, 
in  fuch  caff  mode  and  provided.  In  witnefs  whereof 
the  faid  flierift'hath  hereunto  fet  his  hand  and  feai  the 


Sheriff'^ s  deed  upon  a  Lcoari  Facias, 

To  all  people  to  whom  thefe  prefenls  fliall  come, 
Henry  Smith,  efquire,  high  IherifF  of  the  county  of 
— —  ,  in  the  commonA\ealth  o\  Pcnnsyhnnia^  fencieth 
greeting  :  Whereas  bv  a  m  rit  of  Ijevari  Facias  illued 
out  of  the  county  court  of  common  pleas  of  the  county 

of—,  bearing  tefle  ^^t—r—    ,  the  ^ day  of — -\^ 

last p^st,  toX\\Q  faid   flierifT  dive^led,   he    was    com- 
manded that  without  any  other  writ  of  the  lands   and' 

tenements  oi  Ann  Nobb,   late  of- ,  widow,  in  his 

bailiwick,  to  wit,  ofajcertain  Tnessuagc,  &c.  he  fhould 
eaufe  to  be  levied,  &€.   \_as  in  the  ii'rir]  and    that  he 

lliOLjld  have  thofe  monies  before  the*  judges  tit , 

at  the  GOimty  court  of  coiBmon  pleas,  there  to  be  held 


D.  E  E  D.  44f 

for  the  faid  county  of ,  t!ie   -- —  day  of then 

ntxt,  10  rtii^cr  lo  tuc  laid  Siviott  VrabL^  lor  his  debt 
&.ualnagcbL^l'ofci"al(i :  And  whcrcas  the  laid  ibcnirhaving- 
given  diiu  ii.  legal  notice;  ot  the  time  and  place  61  ialeot' 

the  faid  in.:isuagt\    &.c.  ditl  on   Silonduy,  the day 

of ,  cxjjofe  the  fame  to  fale  by    public   vendue  or 

ouLcry,aiid  fold  the  fame  to  Jacob   Long^  oi ,   for 

the  fiim  of ,  he  being  die  highcil  bidder,'  and  that 

tile  rngiielL  and  bell  price  bidden  for  ihe  fume  :  No\v* 
know  \e  that  the  faid  Iheriff  lor  and  in  coniiderutiou 
oi  tlie  afoiefaid  fnm  of — ,toliim  in  hand  paid  by  the  fuid 
Jacob  Lon[>\,  at  and  befoie  tlie  enfealing  and  dehvery 
hereof,  the  receipt  whereof  he  dotli  hereby  acRnon- 
K-iR^e,  hath  granted,  barp;ained  and  fold;  and  by  ihcfe 
prefents,  aeeoidinj:^-  to  the  dirt6\ions  of  the  liiid  re- 
cited writ  and  by  force  and  virtue  tjiereof,  doih  grant, 
bargain  and  fell  unto  the  laid  Jacob  Long^  his  heirs  and 
ailigns,  all  that  the  faid  messuage^  csV.  '1  ogether  uiili 
all  and  lingular  the  buikhngs,  improvements,  rights, 
members  and  appurtenancesiwhatfoever  thereunto  be- 
longing, or  in  any  w  ife  appertaining,  and  the  reverli- 
ons  and  remainders,  rents,  iirues  and  profits  thereof, 
and  alfo,  all  the  elhite,  rivht,  litie,  intereil,  property, 
elaim  and  demand  whatfoever,  of  her  the  faid  .iim. 
A'obb,  of,  in,  to,  or  out  of  the  Hur.e,  To  have  and  to 
hold  the  faid  incssuagc^  ^c.  hereditaments  and  premi- 
I'es  herebv  granted  or  mentioned,  or  intended  fo  to  be. 
M'ith  the  a])purtenanees,  unto  the  faid  Jacob  l.ong^  his 
heirs  and  allfs^tis,  to  his  and  theii  only  proper  ufc  •^SiA 
behoof  forever,  for  ftich  elhite  and  under  fnch  rents  and 
conditions  as  the  faid  Ann  Nobb  had  and  held  the 
fame  at  and  immediately  before  the  taking  thereof  in 
execution,  but. for  no  larger  or  greater  eftate  than  Ihe 
the  faid  Ann  .\obb^  then  and  tiveie  had  and  held  the 
fame,  aceordingto  the  form  and  effLct  of  the  laws  i\\\d 
(jfage  of  this  eonu..ionweaUh,  in  fnch  cafe  made  and 
provided.  In  witneis  whereof  the  faid  Iheriff  \\2il\{ 
hereunto  fet  his  hand  and  leal,  the dav  of    ■   ■». 


445  DEED. 

|f3*  This  deed  applies  where  lands  are  fold  upon  a 
inoitgage,  m  whica  care  no  previous  condcmrmtioa 
jof  umncjuctl  is  required.     Sec  Ilcad^i  -^'g-  ^^7. 

A  Deed  by  Sherif  for  Lands  sold  by  bis^prcdecessor. 

To  all  people  to  whom  thefe  prefents  Ihall  come, 
JJcnry  Sjniib,  cfquire^  high  IherifF  of  the  county    of 

,  in  the  commonwealth  of  FtJinsyhunia,  IciKleth 

greetmg  :  VViiereas  by  a  certain  writ  oi  Fieri  Facias 
jiiued   out  of  the  court  of  common  pleas  for  the  faid 

county  of ,  teiliird  at  — - — ,  the day  of , 

the  IhcriiFof  the  faid  county  was  commanded  that  of 
tiie  goods  and  chattels, Luids  and  tenements  oi'ylnfiJVoby 
lave  of  ius  count]',  widow,  in  his  bailiwick,  he   ihould 

caui'c  to  be  levied  as  well  a  certain  debt  of ,  which 

Simon  Prahi,  lately  in  the  laid  court  recovered  againft: 

her  as y  which  to  the  faid  Simon  Frabi  were  ad- 

judi;ed  for  his  damages,  which  he  fuflained  by  occafion 
of  the  detention  of  that  debt,  and  that  he  Ihould  have 
thofe  monies  before  the  judges  of  ihe  faid  court  at  - — , 
at  a  county  court  of  common  pleas, there  to  be  held  for 

the  faid  county  of ,  the then  next,  to  render 

to  the  faid  Simo7i  Fra/bl,  for  his  debt  and  damages   a- 
ibrefaid,  whereof  the  faid  Ann  Neb  is  convict,   as  ap* 
pears  of  record,  and  that  he   Ihould  have   then    there. 
that  writ.   And  whereas  Adam  Krum^  efquire,  the  then 
iViCrifTof  the  faid  county,  did  on  that  day  return  to  the 

faid  judges  at ,  that  by  virtue  of  the  faid  writ  to  him 

directed  he  had  feifed  and  taken  in  execution  a  certairk 
^ncssuage,  ^c.  [_according  to  the  sheriff  "^s  return^'\ 
which  rem^'''ii'Cd  in  his  hands  unfold  for  v/ant  of  bity- 
ers,  fo  that  he  co?ild  not  have  the  monies  in  the  faid 
V'rit  mentioned,  at  the  day  and  place  therein  fpecified, 
as  Vjy  the  faid  writ  he  was  commanded,  and  that  the 
refidueof  the  execution  of  the  faid  Wiit  was  contained 
1i:j  a  certain  feh^dule  qx  inf^uifition  thereunto  siunexo^di 


DEED.  U7 

By  which  Hiid  fchedule  or  inquifition  it  appears  on  the 
oaths  ami  aiiirniations  of  the  iuqutlt  therein  naiiied, 
and  iindtr  their  hands  and  fcals,  tliat  the  rents,  illues 
and  profits  of  the  laid  messuage^  £?V.  were  not  ofa  clear 
yearly  vahie  beyond  all  rtprilcs,  lufficient  within  tlie 
fpace  oflevcn  years  to  latisly  the  debt  and  daniaets  ia 
the  lliid  writ  niertioned.  iVnd  whereas  by  a  ctrlaiu 
w  rit  of  rcnciitionilLxponcJs,  illued  out  ol'the  faid  court, 

bearinj^  telle  at aloreluid,  the day  of 

lad  pait,  and  to  the  faid  Iherift"  directed,  he  was  com- 
manded that  the  faid  messuage^  i^c.  with  the  appurte- 
nances fo  by  him  feifed  and  taken  in  execution  as  a- 
foV.efaid,  he  lliouid  expofe  to  fale,  and  that  he  Ihoultl 
Have  the  monies  ariling  from  fuchfale,  before  the  faid 

judges  at  ,  at  the  court  of  common  pleas  there  to 

be  held,  for  the  faid  county  of  — — ,  the day  of  — 

then  next,  to  render  to  the  faid  Simon  Prahl^  for  his 
debt  and  damages  aforefaid.  And  whereas  the  laid 
Adam  Krum^  the  Iherift'  aforefaid,  havinjj  given  due 
and  legal  notice  of  the  time  and  place  of  fale  of  the  faid 

messuage^  <5'c.  did  on  Monday  the day  of , 

expofe  the  fame  to  fale  by  public  vendue  or  outcry,  and 

fold  the  fame  to  Jacob  Lcn^,  of ,  for  the  fnm    of 

— — ,  he  being  the  highcil  bidder,  and  th:^  the  high- 
eft  and  bell  price  bidden  for  the  fam.c.  And  whereas 
the  faid  Adam  Krum^  late  Iherifl"  as  aforefaid,  was  re- 
moved from  his  ofiice  aforefaid,  before  any  deed  was 
executed  by  him  to  the  faid  Jacob  I-^ong^  the  purcha- 
fer  aforefaid  ;  whereupon  the  faid  Jacob  Long  did  pre- 
fer his  petition  to  the  judgch)  of  the  faid  court  of  com- 
mon pleas,  at  an  adjourned  court  of  common  pleas, 

held  at — ,  for   the  faid    county  of  — •- — ,  on , 

the  — . —  day  of——  last  past,  fettihg  forth  thcrc-iii 
as  is  above  recited,  and  praying  the  li\id  court  to  or- 
der and  direct  the  faid  Henry  Smith,  the  prefent  flic 
rift',  to  execute  a  deed  to  him  the  faid  Jacob  Lrrtg,  f-pr 
the  faid  messuage^  y<:,  fo  as  aforefaid  purchafcd.       Ia 


4U  DEED. 

purfuance  Vvliercof  the  faid  court  did  then  arid  there 
order  and    dirc6l  the    laid  Iknry  Smithy  the  preit.i>t 

fheritt  of  the  faid  county  of ,  to   perfect  Uie   title 

of  the  faid  Jacob  Lojiv;,  by  executing  a  deed  toh-ini  for 
the  premifeb  fo  as  aforefaid  purchafed  of  the  faid  Adam 
Knim^  late  Iheri'ff,  according  to  the  ac\  of  general  af- 
fembiy  in  fuch  cafe  provided,  as  in  by  the  records  of 
the  faid  court,  relation  thereunto  being  had  more  iiilly 
and  at  large  will  appear.  Now  know  ye,  that  the  faid 
.Henry  Smithy  efquire,  high  fneriff  as  aforefaiel^  in  pur- 
fuance of  the  faid  order  and  diredlion  of  tlie  court  a- 
ibrefaid,  and  alfo  for  and  in  confideralion  of  the  aloj  e- 

faid  fum  of to  the  faid  Adam  Krum,  late   fiierifF, 

in  hand  paid  by  the  faid  Jacob  Lon^^  (the  receipt  and 
payment  whereof  is  hereby  confefied  and  acknowledg- 
ed by  the  faid  Adam  KrumJ^  hath  granted,  bargained 
and  fold,  and  by  thefe  prefcnts  doth  grant,  bargain  apd 
fell  unto  the  faid  Jacob  Long,  his  heirs  andalfigns,  all 
that  the  faid  fncssuage^  ^c.  Together  with  all  and  fuv 
gular  the  buildings,  improvements,  rights,  members 
nnd  appurtenances  whatfoever  thereunto  belonging,  or 
in  any  wife  appertaining,  and  the  reverfiqns  and  re- 
mainders, rents,  iifues  and  profits  thereof,  and  alfo  alJ 
the  eilate,  right,  title,  intereil",  property,  claim  and  de- 
mand whatfoever  of  her  the  faid. "/a/;;  A'ob,  of,  in,  to  or 
out  of  the  fame  :  To  have  and  to  hold  the  faid  mcssu- 
c^gf,  c>V.  hereditaments  and  preraifes,  hereby  granted 
or  mentioned,  or  iiuended  fo  to  be,  with  the  appurte- 
nances, unto  the  faid  Jacob  i..Q;?g,  his  heirs  and  afiigns, 
to  his  and  their  only  proper  ufe  and  behoof  forever, 
fgr  fuch  eilate  and  under  fuch  rents  and  conditions  as 
the  faid  Ap.7i  Noby  had  and  held  the  fame  at  and  imm.e- 
diatelv  before  the  taking  thereof  in  execution  by  the 
fnid  Adam  ICrum,  as  aforefaid,  but  for  no  larger  or 
greater  cllate  than  (he  the  faid  Ann  Hob  then  and  there 
bad  and  held  the  ilime,  according  to  ?he  form  and  (^(.61 
of  the:  Uwr:  an^^l  ufage   of  this  commonwealth  in   fugh 


D  H  E  D.  44? 

ie^fe  made  and  provided.     In  witncTs  whereof  the  fiiid 

Iherili"  luith  hercLinto  fethis  hand  and  leal  the  day 

ol' . 

8C7=»  The  form  of  a  petition  to  the  court  required  in 
this  cafe  will  be  found  under  title  ''  Petition."  The 
old  IheriffhavMii^  aclual'.y  received  thcmoiu}.  Ihoiild 
fjgn  the  receipt  in  the  deed.    See  Read's  Dig.  354,  '^c» 


By  an  Executor  on  contract  of  the  TcStafor, 

This   Indenture,  made  the day   of ,    be* 

twecn  Epbra27n  Sniiiplc     of ,  esquire,   furviving 

executor  of  the  idft  will  and  teftanient  of  tfiilter  J.dhe^ 
laie  of  the  fame  p'.ace,  esquire^  deceafcd,  of  the    one 

part,   and  Lewis  Fee,    of .yroman,  of  the  othei* 

part :  VV'iereas  the  faid  Walter  4d/ee,  by  force  and 
virtue  of  divers  ^ood  conveyances  and  afTnrancrs  in  the 
law,  dnlv  had  and  extcMtt'd,  became,  in  his  iife  time, 
lawfully  fe  Z(  (I,  in  his  demefne  :.  of  fee  cfand  in  a 
certain  melfuage,  Kc.  fuuate,  &.c.  \^bere  describe  the 
premises'^  with  the   appurtenances  :     And,   being  fo 

thereof  fcized,   did,   on  or  about  the  year    ,  eiter 

into  a  contra6l  with  a  certain  La  Voge.  fi)r  the  fale  of  a 
certain  tra6\   of  land  (part  of  the   premifes  aforelaid) 

containing',  by  computation,  about acres,  be  the 

nune  more  or  lefs,  bounded,  8ic.    \_as   in  agtcementl^ 

for  the  fum  of- -,  per  hundred  acres  ;   part  whereof, 

to  wit, were  paid  by  the  faid  La  Foge  to  the  faid 

jyalter  Adlee  in  his  life-time,  ^c.  And  the  faid  Leiv» 
is  Fee,  doth  alledge,  that,  by  divers  mefne  convt  y  \n- 
Ces  and  alfurances  in  the  law,  the  rig:ht  and  intend  of 
the  faid  L'a  Foge,  of  and  in  the  aforefaid  tra6\  of  land, 
is  now  veftcd  in  him  the  (aid  Lcivis  Fee,  fubje61:  "o  he 
payment  of  the  refiduc  of  tlie  purchafe  monej-  afore* 


455  DEED. 

faid,  with  intercft  :  A«d  whereas  the  faid  IFalter  Adlc^ 
did  not  compiy  with  the  faid  contraa  in  his  iiie-time, 
nor  was  there  any  fnfficient  proviiion  made  by  him 
for  the  performance  thereof:  And  whereas,  agreeably 
to  the  provifions  and  dire<5\ions  contained  in  the  acl  oi 
general  aifembly  of  this  commonwealth,  paifed  the  thir- 
ty-firil  day  of  March,  Anno  Domini  one  thoufand  fe- 
ven  hundred  and  ninety  two,  entitled,  "  An  a61:  to  en* 
lible  executors  and  adminiilrators,  by  leave  of  court, 
to  convey  lands  and  tenements  contracted  for,  with 
their  decedents,  and  for  other  purpofes  therein  men* 

tioned,*'  the  faid  Lewis  Fee  did  on  the day  of , 

Stc.  caufe  and  procure  the  faid  recited  contract  to  be 
duly  proved  in  the  court  of  common  pleas  oi  the  faid 

county  of ;    which  proot  was  adjudged  by   the 

faid  court  to  be  fufficient  and  Johji  Boat,  efnuire,  pro- 
thonotary  of  the  fame  eourt,  on  the  fame  day  and  year, 
did  annex  the  fame  to  the  faid  c.ontraft,  and  did  certify 
the  fame  under  his  hand  and  the  fcal  of  the  faid  court  : 

and  thereupon  the  fame  was  on  the  ■ day  of • 

lafl  paft  recorded  in  the  office  for  recording  of  deeds  of 

the  faid  county  of- ,  in  book  • ,  piige &c. 

And  whereas  the  faid  Epbraim  Sample,  as  executor 
aforefaid,  preferred  his  petition  to  the  faid  court,  pray- 
ing leave  to  make  and  execute  a  deed  of  conveyance  to 
the  faid  Lewis  Fee,  and  his  heirs,  for  the  faid  tra6t  of 
3and  (which  by  a  furvey  thereof  lately  made  has  been 

found  to  contain acres,  and  is  butted,  bounded  and 

<iiefcribed  as  hereinafter  mentioned)  with  the  appurte- 
nances, according  to  the  true  intent  and  meaning  of  the 

faid  contrail  :   Whereupon  the  faid  court,  on  the • 

day  of iaft  paft,  having  confidcred  the  prayer  of  the 

faid  petition,  and  the  evidence  of  the  contra6t  afore- 
faid,  ordered  and  decreed,  that  the  faid  Epbraim  Sam- 
ple, as  executor  aforefaid,  fhq^ild  make  and  execute  a 
deed  to  the  faid  Leivis  F'ee,  and  his  heirs,  of  the  herein 
after  defcribed  tra^  ef  land,  agreeably  to  the  Krnis  of 


DEED,  45ir 

ihc  faid  contrail:,  as  by  the  records  of  the  faid  court, 
relation  being  thereunto  had,  more  fully  and  at  large 
appears.  Now  this  indenture  vvitneiieth,  that  the  laid 
Ephrann  Sample^  for  and  in  conhdcration  of  the  fuoi 

of ,    (being  the  balance  of  the  purchafe  money 

and  intcrell  thereon)  unto  him  in  hand  well  and  truly 
paid  by  the  laid  Lcvjis  Fee^  at  and  before  the  enfealing 
and  delivery  hereof,  the  receipt  whereof  is  hereby  ac-. 
knowledged,  hath  granted,  bargained  and  fold,  aliened, 
relcafed  and  confirmed,  and  by  thefe  prefents,  by  virtuj? 
and  in  putfuancc  of  the  faid  decree,  doth  grant,  bargairx 
and  fell,  alien,  rclcafe  and  confirm,  unto  the  faid  Le^co*. 
is  Fee^  and  to  hi:»  heirs  and  afligns,  all  that  the  afore- 
faid  tra6l  or  pieee  of  land,    bounded  and  defcribed  as 

follows,  to  wit :   Beginning,  &c.    Together,  &c. 

\_as  in,  other  deeds  of  cowocyancey  'without  ivarranty.'^ 

icr  See  Read's  Digeft,  121,  ^c.   and  forn>qf  peti-; 
tion  under  title  "■  Process.'-' 


For  barring  an  Estate-taiL 

This  indenture,  made  the daj'  of ,  between 

Rose  Coli\  of ,  of  the  one  part,  and  Enoch  Tack.  oJT 

,  of  the  other  part,  witnelfeth.  That  the  faid  RosQ- 

Cole^  for  and  in  conlideration  of  the  fum  of ,  to  her. 

in  hand  paid  by  the  Enoch  Tack^  at  and  before  the  eu.- 
fealing  and  delivery  hereof,  the  receipt  whereof  is  here- 
by acknowledged,  and  alfo  for  the  purpofe  of  barring 
the  eftate-tail,  of  which  the  faid  Rose  Cole  is  feifed  in 
the  rent-charge  hereinafter  mentioned,  hath  granted, 
bargained,  fold,  aliened,  enfeoffed,  releafed  and  con*, 
firmed,  and  by  thefe  prefents  doth  grant,  bargain,  fell, 
alien,  enfeoff,  releafe  and  confirm,  unto  the  faid  Etmcb 
7  Ji:/^,  his  lK;irsand  afligns,  all  that  yearly  rent-charge 
or  fum  of — '— ,  payable  on  fr——,   arifmg  and  ifTuing 


4^2  DEED. 

out  of  a  certain  lot  of  ground,   with  the    buildings, 

thereon  trtCtcU,  liludte;  lyingaiid  being  in  ,  with 

the  appurteuanceb,  aiid  ihe  reveriion  and  levei lions, 
remainder  anU  remainders  thereot  ;  and  alio  an  the 
ellaie,  rigiit,  tiiie  and  interell  of  her,  ihe  faid  Ruse  Cole^ 
of,  in,  to  and  out  ol  the  fame  :  To  have  and  to  hold 
the  fame  yearly  rent- charge  with  the  appurtenances, 
muo  IDC  laid  Etiocb  Tack^  his  heirb  ana  aiiigns,  forq* 
ver,  in  witnefs,  &c. 

Same  hy  in  ay  of  confirmation. 

This  indenture  made  the day  of ,  between 

the  honorable  John  Perm,  efquire,  one  of  the  late  pro- 
prietors ot  Pennfylvania,  (by  Enoch  Price,  of ,  his 

attorney,  duly  conllituted)  of  the  one  part,  and  George 
Kline,  of— — -,  of  the  other  part  :  Whereas  the  faid 
John  Penn^  by  his  faid  attorney,  by  indenture  bearing 
date  the  —  day  of ,  for  the  conlideration  there- 
in mentioned,  didgrant  and  convey  unto  the  faid  George 
Kline^  and  to  his  heirs  and  afligns,  a  certain  lot  or  pieee 

of  ground,  fituate  in ,  with  the  appurtenances,  to 

hqid  to  him,  the  faid  George  Kl'ine^  his  heirs  and  af. 
fi£?tis,  for  ever,  yielding  and  paying  therefor  unto  the 
faid  John  Penn",  his  he'irs  and  affigns,  the  yearly   rent 

or  fnm  of  — — ,  on  the day  of •  yearly  fore- 

ever  :  And  whereas  the  faid  John  Penn  having  receiv- 
ed from  the  faid  George  Kline,  the  full  value  of  the 
faid  lot  of  ground,  did  intend,  by  and  under  the  above 
recited  indenture,  to  vefl  in  him,  the  faid  George  Kline^ 
his  hers  and  affigns,  an  abfolute  ellate  of  inheritance 
In  fee  fimple  of  and  in  the  aforefaid  lot  or  piece  of 
ground  under  the  yearly  rent  charge  aforefaid  :  But 
forafmuchas  the  faid  7o/6n  Penn,  at  the  time  of  mak,. 
ing  and  executing  the  faid  indenture,  was  feifed  onl/ 
of  an  eftate-tail  in  the  premifes  :  Therefore  this  inden- 
^re  witneileth,  timt  the  faid  John  Penn,  (by  the  faid 


\ 


DEED.  453 

i?«oc/6Pr/V(f,hisattoriiLy,thereto  duly  conftitutedjfor  the 
puij-jole  orbaniiig  a;u.i  UL-llioying  the  find  tilatc-tail,of 
vvaicli  he  waborib  i'cilbd  ni  the  prcmiles  aioreiaid  •  and 
in  purluance  and  by  virtue  of  aa  act  of  the  general  af- 
iembiy  ot  Penniyivania  in  luch  cale  made  and  piovided, 
intititd,  '"  An  act  to  lacihtatc  the  barring  ol"  cntaiib," 
and  for  and  in  conlideration  of  the  fum  of  live  IhiUiiigs, 
lawful  money  of  Pennfyivania,  unto  him,  at  the  execu- 
tion heicof,  by  the  laid  George  Kline,  well  and  truly 
paid,  the  receipt  whereof  is  hereby  acknowledged,  haih 
given,  granted,  bai  gained,  fold,  ratified  and  confirmed, 
and  by  thefe  prefcnts  doth  give,  grant,  bargain,  fell, 
ratify  and  conlirm  unto  the  laid  George  Aline,  and  to 
his  heirs  and  afligns,  all  that  the  aforefaid  lot  or  piece 
of  ground,  together  with  the  appurtenances,  to  have 
and  to  hold  the  faid  premifes,  with  the  appurtenances, 
unto  the  faid  George  Kline,  his  heirs  and  afligns,  to  his 
and  their  only  proper  ufc  and  behoof,  for  ever  :  Never- 
thelefs,  under  the  yearly  rent- charge  in  the  above  reci- 
ted indenture  referved,  and  fubject  to  all  the  rights  and 
powers  therein  contained,  of  entering  and  dillraining 
on  the  premifes  for  non-payment  thereof.  In  witnefs, 
fee. 

fCT  See  Read's  Digcft  118,  119. 

By  Executors, 

This  indenture  made  the day  of  -- — ,  between 

IFilUam  Carter  and  Damd  Tooke ,  executors  of  the 
teitamentand  laft  will  ai Rice  Carter,  late  of— — yeo- 
7nan,  deceafcd,  of  the  one  part  and  Jacob  Miller,  of 

,  yeoman,  of  the  other  part  :  Whereas  the  faid 

Rice  Carter,  by  force  and  virtue  of  divers  good 
conveyances  and  aifurances  in  the  law,  duly  had 
and  executed,  beeame  in  his  lifetime  lawfully  feifed  in 
jriis  (lemefne,  as  of  fee,  of  aod  in  a  (pertain  plantation 


454  D  E  K  D. 

and  tra6V  oFland,  fituate  and  being  in  the  townfliip  of 

. aioi  claid,  bouiukd  and  aeicribtd  as  loliou  b.   that 

is  to  fay  :   Beguining,  ^'ijjc-.  containing acres, 

i^ithihe  appurtenancts.      i^ixl  being  lo  thereof  itiled 

asaforeiaid,  the  laid  liice  Carter  on  the day  of 

,— — ,  made  his  iall  will  and  teilranent  in  writing, 
levherein  and  whereby  among  other  things  he  did  order* 
snd  direci  his  executors  ihereui  after  named,  to  leH  and 
convey  the  faid  delcribed  plantation andtract  oflandior 
the  beft  price  that  could  be  had  for  the  fame, and  of  his 
fa^d  will  did  make  and  C'jnfiitute  the  faid  IFiHi-.im  Car^ 
ier  and  Di'Oid  tooke^  to  be  the  executors,  and  died 
without  altering  or  revoking  the  fame,  as  in  anci  by  the 

faid  u  il  remaining  in  the  regifter's   office  at ,  re-* 

ferenee  ihereu^'.to  being  had  will  more  at  largt  appear, 
Kow  this  indenture  w  itnefleth,  that  the  faid  JFiltiam 
Carter  3.nc]  Da'vid  Ttwke,    for  and   in  coiifHieration  of 

the  fum  of to  them  in  hand  paid  by  the  f  iid  Jacob 

MiUer^  at  and  before  the  enfealing  and  delivering  here- 
cf»  the  receipt  and  payment  whereof  they  do  hereby  ac- 
knowledge, and  thereof  acquit  and  forever  difcharge 
the  faid  Jacob  AliUer^  his  heirs,  executors  and  admin- 
Sllrators,  by  thefe  prefcnts,  have  granted,  bargained, 
fold,  aliened,  releafed  and  confirmed,  and  by  thcfe  pre- 
fents  (by  virtue  of  the  powers  and  authorities  to  them 
given  by  the  faid  will,  and  purfuant  to  the  dire6\ion3 
thereof  J  do  grant,  bargain,  fell,  alien,  releafe  and  con- 
firm unto  the  faid  Jacob  Miller^  his  heirs  and  aiTigns, 
all  that  the  above  mentioned  and  dcfcribed  plantation 
and  tra6l  of  land  with  the  appurtenances  :  Together 
with  all  and  lingular  the  houfes,  out-houfes,  buildings, 
barns,  flables,  ways,  woods,  waters,  water- courfes, 
rights,  liberties,  privileges,  hereditaments  and  appur- 
tenances xvhatfoever  thereunto  belonging  or  in  any  wife 
appertaining,  and  the  reverfions  anrj  remainders,  rents, 
iffues  and  profits  thereof  :  and  alfo  all  the  eflate,  rights 
title,  intereil,  property,  chim  and  demand  whatfoever 


DEED.  455 

ctf  the  faid  Rice  Carter^  m  his  lifetime  at  and  immcdi- 
btel')'  before  the  time  of  his  deceafe,  of,    in,  to  or  out 

of  the  fame  ;  To  luive  and  to  hold  the  faid  plantation 
and  tradl  of  land,  hcicditamenib  and  prernifcs,  licieLy 
granted,  or  mentioned,  or  intended  lb  to  be,  with  the 
appurtenances,  unto  the  faid  yt/cc*^  Jl//7/rr,  his  heirs 
.unci  allij^ns,  lo  the  OTily  proper  ale,  benelit  and  behoof 
(5f  the  faid  Jacob  AI tiler ^  his  lieirs  and  alligns  forever. 
And  the  faid  IfiUiam  Carter^  and  Daxid'Tooke^  do 
feverally,  but  not  jointly,  or  tlu;  one  for  the  other,  or 
for  the  aQ  or  deed  of  the  other,  but  each  for  his  own 
a6ls  only,  covenant,  promife,  grant  and  agree  to  and 
v.ith  the  faid  Jacob  JSliller^  his  heirs  and  alligns,  by 
thefe  prefents,  that  they  the  faid  IVill'iam  Carter  and 
Dainu  Tookcy  have  not,  nor  hath  either  of  them  done, 
committed,  or  uiuingly  or  \villin5>ly  fuftercd  to  be 
done  or  committed  any  atl,  matter  or  tiling  whalfoevcr 
whereby  the  premifes  aforefi'.id,  or  any  part  thereof  is, 
are  or  lliall  or  may  be  impeached,  charged  or  incuiTu- 
bLTcd  in  title, charii;e  or  ellate  or  otherwife  howfoever. 
In  witnefs,  SxC. 


By  an  Administrator  ivitb  tie  irU!  annexed. 

This  indenture  macfc  the dr.y  of ,  bet'>vcci3 

Samuel  Springs  adminillrator  of  all  and  lingular  the 
j^oodsand  chattels,  rights  and  credits,   v  hiih  v\ere  of 

Rice  Cox,  late  of ^yeoman,  deceafed,  with  the  will 

of  the  faid  Rice  Cox  annexed,  of  the  one  part  ;  and 

Jacob  3fonky    of ^  yeofnan,    of  the  other  part: 

\\'hereas  the  faid  Rice  C'o.v,by  force  and  virtue  of  di- 
vers good  conveyances  and  aifurances  in  the  la^',  duly 
had  and  executed,  became  in  his  lifetime  lawfully  feifecl 
in  his  dcmefne  as  of  fee,  of  and  In  a  certain  plantation 
and  tract  of  hmd,  hiuatc  and  being  in  the  townliiip  of 

aforefaid,  bounded  and  dcfcribed  as  follows,  that 

h  to  i\\)i :   fjeginning— S>c.  contaming; — -vcreg. 


\ 


■^$  DEED. 

with  the  appurtenances.     And  being  (o  thereof  fcifed 

as  aforefaid,  the  faid  Rice  Cox,  on  the day  of , 

made  his  laft  will  and  tcftament  in  writing  wherein  and 
whereby  among  other  things  he  did  order  and  direct 
his  executors  therein  after  named,  to  fell  and  convey 
the  faid  defcribed  plantation  and  tract  of  land,  for  the 
beft  price  that  could  be  had  for  the  fame,  and  of  his 
faid  will  did  make  and  conflitute  JFalter  Cox  and  Da- 
vid Tdd,  to  be  the  executors,  and  died  without  altering 
or  revoking  the  fame,  as  in  and  by  the  faid  will  remaui- 
ing  m  the  regiller's  office  at ,  reference  thereun- 
to being  had  will  more  at  large  appear.  And  whereas 
the  faid  Walter  Cox  and  David  Tod,  having  accepted 
the  faid  trull,  are  both  dead,  widiout  having  made  any 
faleof  the  faid  plantation  and  tract  of  land  as  af<.«refaid, 
{[or,  bave  both  refused  to  take  upon  them  the  burthen  of 
the  said  executorship.  Or,  h>^ving  taken  upon  them 
the  burthen  of  the  said  executorship,  and  made  a  set- 
tlement of  their  accompts  as  far  as  they  administered 
the  estate  of  the  said  deceased,  ivere  at  their  desire 
dismissed  from  the  further  duties  of  their  appointment 

by  the  Orphans'  court  of  the  said  county  of .Or, 

as  the  case  may  be."]  And  letters  of  adminiftration  of 
the  unadminiftered  part  of  the  eftate  of  the  faid  Rice 
Cox,  deceafed,  with  the  will  of  the  fliid  Rice  Cox  an- 
nexed, have  been  in  due  form  of  law  granted  to  the  faid 
Samuel  Spring,  Now  this  indenture  witneffeth,  that 
the  faid  Samuel  Sfn'ing,  for  and  in  confidcration  of  the 

fum  of ,  to  him  in  hand  paid  by  the   fiid  Jacob 

Monk,  at  and  before  the  enfealingand  delivering  here- 
of, the  receipt  and  payment  whereof  he  doth  hereby 
acknowledge,  and  thereof  acquit  and  forever  difcharge 
the  faid  Jacob  Monk,  his  heirs,  executors  and  admini- 
ftrators,  by  thefe  prefents,  hath  granted,  bar^^ained, 
fold,  aliened,  releafed  and  confirmed,  and  by  thefe  pre- 
fents (by  virtue  of  the  powers  and  antboriries  giv^n  by 
the  faid  will  and  in  purfuance  of  the  dnectionjj  of  m 


D  E  E  a  457 

act,of  ^'eneral  ancmblypaircd  the  tweift1\day  of  March 
Anno  Domini,  one  thouUind  arid  eight  hundred,  eiiti* 
tied  '•  A:i  act  dcclarinpj  the  power  and  authori  y  given 
by  any  lall  will  and  tellaineut  to  executors,  to  icll  and 
convey  real  eltates,  to  be  and  remain  in  the  furvivors 
orfurvivor  of  them,  unlefs  otherwife  exprcITid  in  the 
will  ol"  tiie  tellator,  and  for  other  purpofes  therein  men- 
tioned,") dotU  grant,  bargain,  fell,  alien,  releafe  and 
confirm, uatothe  iludJucof^Afun/i^h]^  heirs  and  ailigns.all 
that  the  ai)ove  mentioned  and  defcribed  plantation  and 
tract  of  land  with  the  appurtenances  :  Together  with 
all  and  fingular  the  houfcs,  out-houfes,  buildings, 
barns,  llables,  ways,  v/oods,  waters,  water-courils, 
rights,  liberties,  privileges,  hereditaments  and  appur-*" 
tenances  whatfoever  thereunto  belonging.  Or  in  any 
•wife  appertaining,  and  the  reverfions  and  remainderSj 
rents,  iiuies  and  profits  thereof  :  and  alfo  all  the  ellate, 
right,  title,  interell,  property,  clain- and  demand  what^ 
foeverof  the  faid  Jiicf  Cox,  in  his  lifetime  at  and  im- 
mediately before  the  time  of  his  deceafe,  of,  in,  to  or 
out  of  the  fame  ;  To  have  and  to  hold  the  faid  plantati- 
on and  tract  of  land,  hereditaments  and  premifes,  hereby 
granted,  or  mentioned,  or  intended  Co  to  be,  with  th© 
appurtenances,  unto  the  faid  Jacub  Afonk,  his  heirs 
and  afH.^ns,  to  the  only  proper  ufe,  benefit  and  behoof 
of  the  faid  Jacob  Monk^  his  heirs  and  afligns  forever. 
And  the  faid  Samuel  Spring,  d')th  covenant,  promife, 
grant  and  agree  to  and  with  the  faid  Jacob  Monk,  his 
heirs  and  afligns,  by  thefe  prefents.  that  he  the  faid  Sa- 
muel Spring,  has  not  done,  committed,  or  wittiiigly 
or  willingly  fuffcred  to  be  done  or  committed  any  adt, 
matter  or  tiling  whatfoever  whereby  the  premifes  afore# 
faid,  or  any  part  thereof  is,  are  or'  fliall  or  may  be  im* 
peached,  charged  or  incumbered  in  title,  charge  Or  ef* 
tate  or  otherwiH^  howfoever.  In  witnefs^  &C.  *$V,| 
Read's  Dig,  126. 


458'  BEE  0, 

J^or  Lands  sold  by  AdmhiistratorSy   hy  order  of  Or^^ 
f'ba?is''  Court. 

This  indenture  made  the  -^ —  day  of ,  between 

Timothy  Rich  and  /^dam  Strongs  admhiiilrators  of  all 
and  fingular  the  goods  and  chattels,  rights  and  credits, 

■which  were  of  Abel  Bush,   late  of' ,  yeoman,   de- 

ccafed,  of  the  one  part,  and  Edward  Gale,  of , 

gentleman,  of  the  other  part  :  Whereas  the  faid  Abel 
£ush,Wcis'm  his  lifetime  lawfully  feifedin  hisdemefneas 
of  fee, of  and  in  a  certain  plantation  and  tract  of  land, fi'* 

tuate  in and  bounded   and  defcribed   as  follows, 

that  is  to  fay  '.  Beginning  at  containing,  ^cc* 

viththe  appurtenances,  and  being  fo  thereof  feifed  as 
aforefaid,  died  intcftate.     And  whereas  at  an  Orphans' 

€0urt  held  at  ,  in  and  for  the  county  of'  —^ — ,   a- 

forefaid,  the  •— —  day  of  — ,  upon  the  petition  of 
Charles  Bush,  eldest  son  and  heir  at  laiv,  [_or,  as  the 
rase  may  be']  of  the  faid  Abel  Bush,  praying  the  court 
to  award  an  inquell,  to  make  partition  of  the  faid  real 
eflate  of  the  faid  intellate^  in  the  faid  petition  mention- 
ed, to  and  among  his  children  and  reprefentatives,  in 
fuch  manner,  and  in  fuch  proportions,  as  by  the  lav/s  of 
Pennsyhania,  is  directed  and  appointed,  if  fuch  par- 
tition could  be  made  without  prejudice  to  or  fpoiling 
the  whole,  otherwife  to  value  and  appraife  the  fame, 
the  faid  inquell  was  awarded  by  the  court,  according 
to  the  prayer  of  the  faid  petitioner.  Whereupon  a  writ 
of  partition  or  valuation  ilTued  out  of  the  faid  courts 
bearing  telle  the  — —  day  of — r-,  to  the  flieriff  of  the 
iaideounty  dire6led,commandinghimtofummonan  in- 
quell, to  make  partition  of  the  faid  real  ellatc  to  and 
among  the  children  and  reprefentatives  of  the  faid  in- 
teftate,  according  to  law,  if  fuch  partition  could  be 
thereof  made  without  prejudice  to,  and  fpoiling  the 
whole  ;  but  if  fuch  partition  could  not  be  thereof  made 
AS  aferefaid,  then  t©  Yalae  and  appraife  the  fame  :  An'J 


DEED,  ^^. 

ihat  that  partition  or  valuation  fo  made,  he  fliould  dif- 
tinclly  and  openly  have  bflbre  the  judgcb  ol'  the    laid 

court  at ,  the day   of—    then   next.      At 

whieh  day,  before  the. judjjes  aforedtid,  the  Ihcriif  of 
thefaid  county, to  wit.  C/jjr Ic'sMdn,es(/.in\xdQ  returnof 
thefaid  writ,  with  afchedule  thereunto  annexed,  by 
uhjch  fehedule  or  inquifition,  under  the  hand  and  fcal 
as  well  of  the  faid  iherift",  as  of  the  iiiquell  tliercin 
named,  it  appears,  by  the  oaths  and  affirmations  of  the 
faid  inqued,  that  the  real  ellate  in  the  faid  writ  menti- 
oned could  not  be  parted  and  divided  to  and  among  the 
parties  therein  named, without  prejudice  to  or  fpoiling 
the  whole  thereof:  And  therefore  the  inqueft  aforefald, 
upon  their  oaths  or  affirmations  aforefaid,  had    valued 

and  appraifed  the  fame  at  the  fum  of  dollars, 

which  return  and  valuation  were,  on  motion,  confirm- 
by  tlie  court.  And  whereas,  all  the  heirs  and  legal 
reprefentatives  of  the  V.ud  .4bcl  Busb,  having  feverally 
and  refpedively  refufed  to  take  the  faid  plantation  and 
tracl  of  land,  at  the  valuation  aforefaid,  the  faid  court 
did,  upon  the  application  of  the  faid  Charles  Bui^h,  \_or 
as  the  case  may  be']  grant  a  rule  upon  all  the  heirs  and 
legal  reprefentatives  of    the  faid   inteilate,     to  fliew 

caufe  at  an  Orphans'  court,  to  be  held  at ,  in  and 

for  the  faid  county  of—,  the  —day   of then  next, 

xvhy  the  faid  real  eftate  fliould  not  be    fold   according 
to  the  a6\s  of  general  aflcmbly,  in  fuch  cafe  made  and 
provided  at  which  faid  time  and  place  legal    ik>' ice   of 
the  aforefaid  rule  being  proved  to  have  been  duly  giv- 
en to  all  the  heirs  and  legal  reprefentatives  of  the   faid 
inteilate,  and  no   caufe  being  Ihewn  why  the  faid  real 
eftate  fliould  not  be  fold  as  aforefaid  ;     The  faid  court 
did  then  and  there  make  an  order  commanding  the  faiti 
Timothy  Richund  Adam  »S'rro;7§-,  adminiftrators  as  a- 
forefaid,  to  expofe  the  aforefaid  plantation  and  tra6\  of 
jand  of  the  faid  inteftate,  to  public  fale,  on  the  premi- 
ses, upon  the day  of  — «^  thcti  ne^t,   upon  the 


4>m  DEE  D. 

terms  in  the  fai<3  order  dire6led.  In  purftiance  where- 
of, the  laid  aammiilriitois  having  iirit  given  fufiicicnt 
ft  cunt)  acLortliiig  loiuu,  tor  the  I'uilhiui  execiuioii  of 
tlie  pox^cr  cumnuittd  to  them,  cud  on  the  day,  and  at 
the  place  in  ihc  laid  order  duccled,  expoie  the  prcnii- 
fc5  cherein  mentioned  to  faie,  by  public  vendue,  and 
fold  die  fame  to  the  faid  Edward  GaU\  at  and   for    the 

furn  of dollars,  ht  being-  the  higheft  bidder,  and 

that  the  hightll  and  btil  piice  bidcien  tor  the  fan  e  ; 
vvh'ch  I'ale  on  return  tliertof  made  to  the  judges  cf  the 
fiiihf  eciiit.  oi;  -ihe  —  iV,..\  oi  —  lafl  piiit  Vwic  coi  fin  «  d,. 
and  it  was  conildtred  anu  adjuilged  l)y  ihe  faid  eobrt, 
that  the  faid  plantation  and  Lra6i  of  land  v\  iih  the  ap- 
purteiiances,  folbld,  asaforeiaid,  Ihouid  be  transicired 
ano  veiled  in  the  .faid  tiiwarci  (jcJe,  as  fully  as  tlie  hiid 
Abel  ii'«5/6,held  the  lame  at  his  dece'afe,  fubje6l  andjia* 
able  lo  the  p-a}  nient  oi  the  purcha^^-'inoney ,  aeeording 
to  the  teimsp'eferibed  in  the  faid  oider— as  by  the  re- 
cords and  proceedings  of  the  fame  court,  remaining  at 

,  afoiefaul,  relation  thereunto  being  had,  w^lluiore 

fully  and  at  large  appear.  ISiovv  this  indenture  witnef- 
feth  that  the  faid  Timothy  Rich  and  Adam  Strong,  ad- 
mh.ifc!  aiors  as  aforefaid.  for    and   in   confideratinn    of 

the  laid  fum  of dollars  to  them  in  hand   paid  by 

the  faid  Edward  Gaic\  at  and  before  the  enfealing  and 
delivery  hereof,  the  receipt  and  payment  Avhereofthey 
do  hereby  acknowledge,  iand  thereof  acquit  and  for- 
ever difcharge  the  faid  Edward  Gale,  his  heirs,  execu- 
tors and  adminiftrators,  by  thefe  prefents,  have  grant- 
ed bargai'if  d,  fold. aliened, relealtd  and  confirmed, and 
by  thefe  prefents  (By  virtup  of  the  po\^  ers  and  au- 
thorities to  them  given  by  the  aforefaid  order  of  Or- 
phans' court,  and  purfuant  to  the  dire61ions  thereof) 
do  grant,  bargain,  fell,  alien,  releafe  and  con-firm,  un- 
to the  fnid  Edward  Guk  his  heirs  and  afligns.  all  that 
the  cibove  mentioned  an'i  defcrib''d  rihnnalio-  and  ^<:^Si 
of  land  with  ihe  appurtenances  :  Together  with  all  and 


DEED.  AOX 

fingiilar  the  houfcs,  out- houfcs,  buildings,  barns,  fta- 
blcs,  ways,  woods,  waters,  watcr-courics,  rii^dits,  liber- 
ties,'privileges,  hereditaments  and  appiircenanees  w  hat- 
foever  theieunto  belonging  or  in  any  \\ iie  appertain- 
ing, and  the  reverfions  and  remainders,  rents,  iflues 
and  profits  thereof;  and  alio,  all  the  ellate,  right,  title, 
inlereil,  property,  claim  and  demand  w  hatfoever  of  the 
faid  Abel  Bus/j,  in  his  lifetime  at  and  immediately  be- 
fore the  time  of  his  deceafe,of,  in,  to  or  out  of  the  fame : 
To  irave  and  to  hold  the  faid  plantation  and  tradl  of 
land,  hereditaments  and  premifes,  hereby  granted,  or 
nicnrioncd,  or  intended  fo  to  be,  with  the  api)urtenan- 
ces,  unto  the  indFdward  Gale,  his  heirs  and  alfigns, 
to  the  only  proper  \\k%,  benefit  and  behoof  of  the  faid 
I'^ikvard'Ciah;,  his  heirs  and  affigns  foVever.  And  the 
faid  Timothy  Rich  and  Adam  Strongs  do  feverally,  but. 
not  jointly,  or  the  one  for  the  other,  or  for  the  a(5\  or 
deed  of  the  other,  but  each  for  his  own  a6ls  only,  co- 
veijant,  promife,  grant  and  agree  to  and  with  the  faid 
Edward  Gah\  his  heirs  and  afni:;ns,  by  thefc  prcfents, 
th'.it  they  the  faid  Timothy  Rich  and  Adam  Strong, 
have  not,  nor  hath  either  of  them  done,  committed,  or 
wittingly  or  wiHinu;!v  fuffcred  to  be  done  or  committed 
anv  a6l,  maf'-er  or  thing  whatfoever  whereby  the  pre- 
mifes aforefiid,  or  any  part  thereof  is,  are  or  (liali 
or  may  be  impeached,  charged  or  incumbered  in  title, 
charge  or  eflate  or  other\\ife  ho\\ever.  In  witnefs,  8^c. 
|6^  See  VI.  Ads,  p.  460,  and  Vill.  Acts  p.  157 
la,  (2dfefilon.) 


JTor  Lci7ids  sold  by  a  Guardian  by  order  of  Orphans 

Court. 

This  indenture  made  the ,  between  Peter  Cole, 

guardian  legally  appointed  by  the  orphans  court  of  ihc 


462  DEE  D. 

county  o?  -^ — ,  of  the  eflate  oiScth  Malcom,  a  minor 

ionof  y.i7rics  Malcom^  late  of .blacksmith,   cle,. 

ceafed,  of  the  one  purt»  and  Edward  Gale,  of , 

^cntlematiy  of  the  other  part ;  Whereas  by  force  and 
-virtiieof  certani  good  conveyances  and  aiVurances  in 
the  law  duly  had  and  executed,  the  faid  James  Malcom 
became  in  his  life- time  lawfully  feized  in  his  demefne^ 
as  of  fee  of  and  in  a  certain  plantation  and  traCl  of  land, 
iituate  in  -—and  boundedand  defcribed  asfollows,that  is 
to  fay  :  Beginning  — ,  containing  —  acres,with  the  ap- 
purtenances, and  being  fo  thereof  feized,  made  his  laft 

will    and  teilament   in  writing,    bearing  date r  -, 

wherein  and  whereby  (amongll  other  things)  he  did 
give  and  devife  the  faid  plantation  and  tra^l  of  land  un- 
to his  faid  fon  Sct.b  Malcom  and  his  heirs,  as  in  and  hj 
the  faid  in  part  recited  will  (fmce  his  dcceafe  duly- 
proved  and  remaining  in  the  register*s  ofrice  at ) 

reference  being  thereunto  had  appears.  And  where- 
as at  an  orphans  court  held  at aforefaid,  in  and  for 

the  faid  county,  upon  the  petition  of  the  faid  Seth  MaL 
cam,  the  laid  Peter  Cole,  was  duly  appointed  guardian 
oftheeftate  of  the  h'ulSeth  Malcom,  during  his  mi- 
nority :  And  it  appearing  to  the  faid  court  that  the 
faid  Seth  Malcom  was  not  poirefTed  of  a  perfonal  eftate 
adequate  to  his  m.aintenance  and  education,  the  faid 
court  did  then  and  there  make  an  order  empowering 
the  faid  Peter  Cole  to  m.ake  public  fple  of  the  faid  plan- 
tation and  tract  of  land, the  eftate  of  the  faid  Seth  Mai- 
£ofn,  for  the  purpofes  aforefaid,  and  to  make  a  title 
thereto  to  the  purchafer,  and  did  dirc6l  the  faid  fale  to 

be  held  on  the  premifes,  upon  the day  of then 

next.  In  purfuance  whereof  the  faid  Peter  Cole  hav- 
ing firft  given  bond  with  fufficient  furety  to  the  liiid 
eourt,  according  to  the  a6\  ofafTembly,  for  the  faithful 
difcharge  of  the  truft  thus  commuted  to  him,  did  on 
ihe  day  and  at  the  place  in  the  faid  order  dire6\ed,  ex- 
j^fe  the  preaiMes  therein  mentioned  to  fale  by  j^ubliof 


D  E  E  D^  m^ 

<^miue  and  fold  the  fume  to  the  faid  I^ckvard  Gaic,  at 

and  for  the  fuin  of ,  he  being  tlic  higheft  bidder, 

and  diat  the  higheil  and  bell  priee  bid  en  for  the  fume, 
•\vhieh  fale  on  re  port  thereof  made  to  the  judges  of  the 

faid  eourt  on  the \vas   confirmed    by   the    faid 

court,  and  it  was  confidered  and  adjudged  by  the  faid 
court  that  the  fame  Ihould  be  and  remain  firm  and  lia- 
ble forever,  as  by  the  records  and  proceedmgs  of  the 
fanic  court,  reference  thereunto  being  had  will  fully 
appear.     Now  this  indenture  witnc ifeth,  that  the  faid 

Peter  Cole  for  and  in  conlideration  of  the  fum  of , 

to  him  in  hand  paid  by  the  faid  Edvjard  Gate,  at  and 
before  the  enfealing  and  delivery  hereof,   the  receipt 
«nd  payment  whereof  he  doth  hereby   acknowledge, 
and  thereof  acquit  and  forever  difcharge  the  laid   JLti- 
*ivard  Galc^  his  heirs,  executors  and  adminillrators,  by 
thefe  prefents,  hath  granted,  bargained,  fold,  aliened, 
releafcd  and  confirmed,    and    by  thefe    prefents  (By 
virtue  of  the  pov/ers  and  authorities  to  him  given   by 
the  aforefaid  order  of  orphans    court,  and  purfuant  to 
the  dire6\ions  thereof)  doth  grant, bargain,feil, alien,  re- 
leafe  and  confirm  unto  the  faid  Edward  Gale^  his  heirs 
and  afiigns,  all  that  the  above  mentioned  and  defcribed 
phuitation  and  tra£l  of  land  w  ith  the   appurtenances  : 
Together  with  all  and  fingular  the  houfes,  out-houfes, 
buildings,  barns,  ftahles,  wa}s,  woods,  waters,   water- 
•ourfcs,  right-),  liberties,  privileges,  hereditaments  and 
appurtenances  whatfi)e\er  thereunto  belonging    or  in 
any  wife  appertaining,  and  the  reverfions  and    remain- 
ders, rents,  iffues  and  profits  thereof:  and  alfo  all  the 
eftate,  right,   title,   intereft,   property,   claim  and  de- 
mand whatf  >ever  of  the  faifl  James  Mai  com,  in  his  life- 
tim.e  at  and  immediately  before  the  time  of  his  deceafi\ 
of,  in,  to  or  out  of  the  fame  :  To  have  and  to  hold  the 
faid  plantation  arid  tra6l    of  land,   hereditarhents  and 
premifes,  hereby  granted  or  mentioned,  or  intended  fo 
10  be,  with  the  appurtenances,  unto  the  faid  Edivgrd 


464  DEED, 

Calc^  hislicirs  and  ailigns,  to  the  onl}'  proper  iife^  be* 
iicfit  and  behoof  of  the  laid  lunvard  GaU\  his  heirs 
and  aifigns  forever.  And  the  faid  Peter  Cole  doth 
covenant,  promife,  grant  and  agree  to  and  with  the 
faid  Edward  Gale^  his  heirs'and  aiTij^ns,  by  thtfe  pre- 
fents,  that  he  the  faid  Peter  Cole  hath  not  done,  com- 
mitted, or  \vittin£;]y  or  willingly  fuffercd  to  be  done  or 
Committed  any  act,  matter  or  thing  whatfpever  where- 
by the  premifes  aforefaid,  or  any  part  thereof  is,  ape  or 
fliall  or  may  be  impeached,  charged  or  incumbered  in 
title,  charge  or  eftate  or  otherwife  howfoever.  In  wit- 
tiefb  J  &c .     See  Fill.  Jcts^  158. 


J]y  Trustees  of  an  Insohent  Debtor, 

This  indenture  made,  8ic.  between  John  Dill  and 
Brice  Page^  truftees  legally  nominated  and  appointed, 
t>f  Noah  Eccl^  an  infolvent  debtor,  of  the  one  part,  and 

Jesse  JV'ingate^  of ,  taylor^  of  the  other  part  r 

\Vhereas  the  faid  Xoah  Reel^  being  lawfully  feifed  in 
bis  demefne,  as  of  fee  (among  other  things)  of  and  iii 
a  certain  lot  or  piece  of  ground,  fituate  in  the  tov.n  of 

,  bounded  and  defcribed  as  follows,  that  is  to  fay  : 

By  lot ,  &c.  containing ,  with  the  appurte- 
nances, did  at  a  court  of  common  pleas,  held  at  , 

for  the.  county  of ,  on  the ,  prefer  his  pe- 
tition to  the  judges  of  the  faid  court,  offering  to  deliver 
lip  to  the  ufe  of  his  creditors,  all  his  property,  real,  per- 
fonal  and  mixed,  to  which  he  was  in  any  manner'  en- 
titled, a  fchedule  whereof  on  oath,  together  with  a  lift 
of  his  creditors  as  fiiras  he  could  afcertain  them,  and 
the  nature  of  their  debts  being  exhibited  with  and  an- 
nexed to  his  petition,  and  thereupon  the  faid  court  did 
direft  due  and  legal  notice  according  to  the  a61:  of  af- 
fembly  of  fuch  application  to  be  given  to  the  creditors 
Qf  the' faid  Noah  Recly   and  did  alBgn  th.e  — ^  day  of 


O  £  E  U»  4J55 

then  next,  for  their  appearance  at  -  aforcfaidn 
purruaiit  to  tiic  prayer  ot  the  laid  petition.  Where* 
upon  at  the  time  and  place  appointed  on  the  appear* 
aiice  of  the  creditors  oriVich  dchtorL<Jr  as  the  caac  may 
be"]  the  laid  Nonb  Reel  having  C(;inplied  with  all  the 
requilitious  of  the  ac\  ofgeneral  aliembly  in  inch  cafe 
piovidcd,  and  having  executed  a  deed  to  the  faid  Jobrfi 
Jjill  anpl  Brice_Pagt\  who  were" duly  appointed  by  tho 
faid  court  truilees  on  behalf  jf  the  faid  creditors, for  all 
his  property, debts, rights  and  ^larnis  in  ti  ull  lor  his  fuid 
creditors,  the  laid  court  did  make  an  order  that  the  faid 
Noiib  Reel,  Ihould  not  at  any  time  thereafter  be  liablcJ 
to  ijnprifonment  by  reafon  of  any  judi^nnent  or  decree 
obtained  for  the  payment  of  money  only,  or  for  any 
debt,  damage,  coil,  fum  or  fums  of  money  coatra6led^ 
accrued,  or  occaiioiicd  owing  or  becoming  due,  before 
the  time  of  fuch  afli,Q;ument,  and  the  faid  Noah  ReeB 
was  accordingly  difcharged  and  fet  at  liberty,  as  by  the 
records  and  proceedings  of  the  fame  court,  remaining 

at ,  reference  thereunto  being  had  may  fully  and 

at  lari2;e  appear.  Now  this  indenture  witnefTeth,  that 
tlvj  f  lid  John  Dill  and  Brice  Pdgc  (having  firft  givcU 
bond  with  fecurity  for  the  faithful  performance  of  thcic. 

trnPi)  for  and   in    confideration  of  the    fum  of ,  to 

tiiem  in  hand  paid  by  the  faid  Jesse  IVingate,  at  and 
before  the  enfealing  and  delivery  hereof,  the  receipt  and 
payment  whereof  they  do  hereby  acknowledge,  and 
thereof  acquit  and  forever  difcliarge  the  faid  Jesse  JFittf 
gate,\\\s  heirs,  executors  and  adminiftrators,  by  thefe 
prcfcMUs,  have  granted,  bargained,  fold,  releafed  and 
confirmed,  and  by  thefe  prefents  [by  virtue  of  the  pow- 
ers and  authorities  to  them  given  by  the  a6^  of  general 
;afr<.mbly  in  fuch  cafe  provided]  do  grant,  bargain,  fell, 
rcleafe  and  confirm  unto  the  faid  Jesse  M^i fixate,  his 
heirs  and  afligns  alj  that  the  above  mentioned  and  def* 
eribcdlotor  piece  of  e:fonnd,  together  with  all  and  fin» 
gul^r  til/:  ri^hlSj  liberties,  privileges  Uereditaixveo^ 

£5»J 


46^  DEE  D. 

and  appurtenances  uliatfoevcr  thereunto  belonging,  or 
in  any  wife  appertaining,  and  the  reverfions  and  lemain- 
<3ers,  rents,  illues  and  profits  thereof,  and  all  the  ellate, 
right,  title,  intcreil,  property,  claim  and  demand  what- 
foever  of  the  hid  JVoab  RceL  of,  in,  to  or  out  of  the 
fame  :  To  have  and  to  hold  the  faid  lot  or  piece  of 
ground,  hereditaments  and  premifes  hereby  granted  or 
mentioned  or  iiTtended  fo  to  be,  with  the  appurtenances 
imto  the  il\id  Jesse  JVhigate^  his  heirs  and  atTigns,  to 
Ihis  and  their  own  proper  ufe  and  behoof  for  ever,  for 
fuch  ellate  and  under  fuch  rents  and  conditions  as  he 
the  faid  Noah  Reel  had  and  held  the  fi\me  at  and  im- 
3Tied lately  before  the  time  of  executing  the  faid  deed  to 
the  faid  John  Dill  and  Brice  Page^  but  for  no  larger 
or  greater  ellate  than  he  the  faid  Noah  Reel  then  and 
there  had  and  held  the  fame.     In  witrtcfs,  &c. 


A  Deed  of  Copartnership  between  Apothecaries, 

,,  This  indenture  made  the day  of ,  between 

Samuel  Tviie^  of- ,  apotheca>y,oi  the  one  part; 

and  Giles  Man^  of  the  fame  place,  apothecary^  of  the 
ether  part :  Whereas  the  faid  Saviuel  Triie^  hath  by 
great  pains,  indullry  andexpenfe,  and  in  the  courfe  of 
jnany  years  practice,  acquired  a  good,  beneficial,  and 
€xtenfive  trade,  in  the  bufiuefs  of  an  apothecary  :  And 
ivhereas  the  faid  Samuel  True  and  Giles  Man^  in  con* 
fideration  of  the  fpecial  trull  and  confidence,  they  mu- 
tually have  and  repofe  in  each  other,  and  in  order  to  in# 
creafe  their  n  fpedlive  fortunes,  have  agreed  to  become 
copartners  in  the  art  or  bufinefs  of  an  apothecary,  and 
that  the  fame  fliall  be  carried  on  upon  the  terms,  con- 
ditions and  reftri6lions  hereinafter  mentioned  ;  and  the 
feid  Giles  Man^  in  confideration  of  being  admitted  in- 
to one  fourth  part  or  Ihare  with  h'mi  the  faid  Samuel 
'True,  in  the  faid  bufinefb  or  art  of  an  apothecary,  hath 


DEED,  «5^ 

agreed  to  life  his  utmofc  care  and  diligence  in  carrying 
oiiUieiaid  buiiners/and  not  to  reciuire  ib  ilrict  an  at- 
tendance therein  Crom  the  (iiid  Sjmuel  True.     Now 
this  indenture  witnelleth,  and  each  of  the  faid  parties 
for  himfeif,  his  executors  and  admin iftrators,  doth  co- 
venant, proniiie  and  agree  to  and  with  tlie  other  of  them, 
his  execut-oirs  and  adminiftrators  by  thcfe   prefents,   in 
ma.iiier  follow  ing,  that  is  to  fay,  That  from  tht  day  of 
the  date  of  thclc  prefents  they  the  faid  Samuel  T.  ue  and 
Gi/es  Man,  ihall  and  will  become  and  continue  [>art- 
ners  and  joint  dealers  in  the  joint  trade  or  bufmefs   of 
an  apothecary  in  buying  and  felling  all  forts  of  drugs 
and  medicines  neceifary  and  incident  to  the  faid  buii- 
iiefs,  and  in  adminiilering  the  Hirne  and  in  giving  ad- 
vice to  patients   for    and  during  and  unto  the  full  end 
and  term  of  fourteen  years  determinable  in  fuch  man- 
ner as  is  hereinafter  more  particularly  mentioned,    un- 
der and  according  to   the  conditions,   provifoes  and 
terms  of  a.^reement   hereinafter  contained.      And   for 
the  more  effectual  carrying  on  the   faid  joint  trade  or 
bufmefs,  they  the  faid  parties  have   mutually  agreed 
that  one  fourth  part  of  the  ftock   of  drugs,    medicines, 
fixtures  in  the   fhop  and  laboratory,  implements  and 
utenfils  which  are  the  entire  property  of  the  faid  SamU' 
cl  Truc^  and  are  mentioned  and  inferted  in  an  invento- 
ry or  particular  thereof  contained  in  a  book  figned  at 
the  foot  thereof  by  each  of  faid  parties,  fhall   be  ptir- 
chafed  by  the  faid  Giles  Man.   And  that  the  faid  ftock, 
and  all  the  profits  and  intercft  of  the  faid,  partnerlhip 
bufmefs,  and  all  lofTcs  attending  the  fame  fliall  be  from 
time  to  time  during  the  continuance  of  this  copartner- 
fliip  divided  into  four  equal  parts  •   three  of  which  four 
parts,  the  faid  Samuel  True,  his  executors  and  adniini- 
ftrators  fliall  be  intitled  to  have  and  receive,  and  (hall 
and     will   bear    and     pay   three    fourth    parts     (the 
\vholc  into  four  equal  parts  to  be  divided)  of  all  debts 
ftudlofTes  whigh  fliall  froixi  tin^e  to  time  be  incurred. 


by.  or  happen  in  or  to  the  faid  partnerfliip  biifineri*, 
Aua  thai  the  faicl  Giles  Man,  his  ^txtcutors  m^d  admi-t 
TiiiViatovfe  ihal;  be  mtitltd  to  have  and  receive  tlie  re- 
inainiiig  one  fourth  part  of  the' fold  joint  llock^  and  t'ne 
intereil  and  piolits  theieof,  and  ih-ail  and  will  bear  and 
pay  one  iburth  part  ot  Inch  dtbts  and  loiits  as  alore- 
faid.      And  this  indenture  fin  ther  witneiitth,  that  for 

and  in  coniideiatlon  oi the  fum  of dollars  to  him 

the  faid  Samutrl  True  in  hand  well  and  truly  paid  by 
the  faid  Giles  Man,  at  and  before  the  fealing  and  deli- 
very of  thefe  prefci'ts  (being  one  fourth  part  of  the  ap- 
piaifed  value  of  the  ftock  ot  drugs,  medicines,  and  o* 
ther  things  of  the  faid  Samuel  Ttue  hereby  intended  to 
be  afiigned)  the  receipt  whereof  the  fold  Samuel  True, 
doth  hereby  acknowledge  and  thereof  and  of  and  from 
cvevy  part  thereof,  doth  hereby  aequit,  exonerate,  re- 
leafe,  and  forever  difcharge  the  faid  Giles  Mdn,  his  ex- 
ecutors and  adminiftrators.  Ke  the  faid  Samuel  True^ 
hath  bargained,  fold  and  afiigned,  and  by  thefe  prcfents 
doth  bargain,  fell  and  afiign  unto  the  faid  Giles  Man,  all 
that  one  fourth  part  (the  vvhole  into  four  equal  parts  to 
be  divided)  of  and  in  all  the  drugs,  medicines,  fixtures 
in  the  Ihop,  laboratory,  inflrnments,  utentils,  and  other 
things  of  the  fuid  Samuel  True  mo-e  particularly  men- 
tioned, and  fet  forth  in  the  inventory  or  particular  t];ej  e- 
of,  figned  by  the  faid  parties  to  thefe  prefents  as  afore- 
said Mo  have,  hold,  receive  and  take  all  and  fingnlar 
the  faid  one  fourth  part  of,  and  m  the  faid  premifes 
hereby  bargained,  fold  and  alTigned,  or  intended  fo  to 
beu.  to^hefoid  Giles  Mur^  his  executors,  adminiftra- 
tors and  ailigns,  as  his  and  their  own  proper  goods  and 
chattels  abfolntely  and  forever.  And  this  indenture 
further  witiiefreth,thatit  is  alfo  as^reed  between  the  faid 
parties  to  thefe  prefents,  that  the  faid  joint  bufinefs  (hall 
during  the  continuance  of  this  copartnei  fliip,  be  carri- 
ed on  and  exerciff-d  in  the  fnop  l.ir'cnging  to  the  dwdl- 
iiig-hovfe  of  him  i\it{?iiA  Samuel  True^  in  —  aforefaid^ 


DEE  D,.  -ibj 

or  in  fuch  other  (liop  or  houfc  as  lie  thefiiid  S-mnucl 
Tnit  iiKiil  ai  any  nmr  think  comenitut.  And  thut  :iic 
i^ivAK.)  lies  Mull  ^\\\-<x\\  C(jnitaiitly  rchUc  in  or  ntar  tlic  ilacl 
Jhoule,  or  wherever  elle  the  buhncis  of  the  i'aid  co-part- 
iicrlhip  Ihall  happen  to  be  cxcrciicci,  and  lliail  and  v,  ill 
give  cl'jic  and  conllant  attention,  induRry  and  attend- 
ance tliercni,  but  that  the  laid  Saviiul  True  Ihall  and 
may  be  at  liberty  to  refide  in  town  or  in  the  country, 
and  to  give  liich  attendance  and  application  only  as 
fliall  be  agreeable  and  convenient  to  iiim  inthat  relpeCi- 
And  that  the  annual  iiim  of dollars  Ihall  be  allow- 
ed to  ths  {-did  Sajhiul  Tiue  (and  he  is  hercb)  aur 
thorifed  to  dedu(;!l  or  retain  the  fame)  out  of  the  proiits 
arifnia;  from  the  buiincfs  of  the  Tuid  co-partneriliip  for 
theren*  of  the  Ihop,  parlor,  laboratory  and  ilill-houfe, 
parts  of  the  faid  hou'le  oi  the  faid  Samuel  Triie^  which 
are  to  be  made  ufe  of  for  the  carryinj^  on  the  faid  joint 
bulinefs,  a.id  aiib  tiie  r<.nt  or  rents  of  ariy  other  hoisft; 
or  \rare-houfe  which  Ihall  be  taken  and  hired  at  any 
tinr-  or  times  hercaiTer  durin|j,the  faid  co-p.rrtiior{hn 
for  cariyingon  tiic  f^.i'l  bufu'cf',  toi^ether  with  all  tax- 
es, repairs,  and  char;i;cs  atiendmg  the  fame,  and   alfo, 

that —    bu(h<  Is  of  coals  })er  annum,- for  the  ufe  of 

thf.  I i lop, parlor, laboratory  and ilills, and  afuflicicntfupply 
of  druij^s,  and  all  fervants  wages,  lamps  and  candles, 
and  all  other  petty  expenfes  incident  or  necellary  to 
th':  carrying  on  the  il.id  buhncfs.,  ihali  from  time  to 
time  be  paid  for  and  difchav|jjed  out  ol'the  profits  ari- 
fm'g 'herefrom.  And  it  is  further  agreed  between  thr; 
faid  ]»arties  to  thefe  prefents,  that  the  faid  Samuel  True 
fhall  hnve  the  folc  power,  manibgement  and  direcAion 
in  and  about  hiring  and  difchargir.g  the  journeymen  or 
fervants  »o  be  employed  in  carrying  on  the  faid  bufi- 
nefs,  and  of  giving  or  allowing  them  fuch  wages,  and 
Entering  into  fuch  contra6^s  with  them  as  he  flvall  from 
time  to  time  jucl_a;c  convenient  and  proper  ;  and 
that  the  falsi  Sa??nief  Trii?,   iliul]l.  have  full  licenfe,  li^ 


47a  D  £  E  D. 

berty  and  power  to  charc^e  the  profits  of  the  f^iid  bufiV 
nefs  with  the  payrpent  lor  the  hire  oi"  a  hoife  or  horfes 
during  inch  part  of  the  year  as  he  fhall  think  proper  to 
make  ufe  of  the  fame  in  vifiting  the  patients  of  the  faid 

co-partnerihip  after  the   rate    of dollars  by  the 

year.  And  it  is  further  agreed  by  and  between  the  faid 
parties  to  thefe  prefents,  that  all  apprentices,  jouriiey- 
men  and  fcrvdnts  to  be  employed  in  and  about  the  faid 
joint  bufinefs  Uiall  be  provided  with  proper  and  fuffici^ 
em  board  and  lodging  by  the  foid  Samuel  Tnie^  and 
that  he  the  faid  Samuel  fruc  fliall  during  the  continu- 
ai-.cc  of  this  co-pannerftjip  be  paid  and  ario^\ed  out  of 
the  faid  copartneriliip  itock,  and  the  pioiits  thereof, 
f'jr  the  board  and  iodi^nig  of  each  apprentice  and  jour- 
neyman, alter  the  rate  ot dollars,  per  annum,  and 

after  the  rate  of dollars  for  the  board  aiidlodgiijg- 

of  every  the  porter,  and  which  faid  ft  vrral  lad  men- 
tioned  fums  or  annual  paymenis,-  he  the  faid  Samuel 
^rue^  fliall  and  may  lawfully  in  every  y-:;ar  take  otit  of 
the  faid  joint  flock,  and  the  profits  thereof  by  equal 
quarterly  pajments,  and  the  laid  Giles  Man^  agrees  to 
undertake  to  provide  fuch  board  and  lodging,  under  the 
terms  and  conditions,  and  for  the  perfons  aforefaid 
Avhenever  the  faid  Samuel  True  fliall  think  fit  to  defire 
to  difcontinue  the  fame  on  his  giving  at  Icaft  one  week's 
notice  of  fuch  his  dchre  to  the  faid  Giles  Man.  And 
it  is  hereby  further  agreed  by  and  between  the  faid  par- 
ties to  thefe  prefents  that  proper  books  fliall  be  provid- 
ed at  the  joint  expenfe  of  the  faid  parties  wherein  the 
accounts  of  the  faid  co-partnerihip  fliall  from  time  to 
time  be  regularly  and  conftantly  charged  and  entered 
in  fnch  manner  and  form  as  other  perfons  of  the  fame 
bufinefs  ufually  do  or  ought  to  do,  and  that  the  fame 
fhall  be  conftantly  polled  up  every  month,  and  the  bills 
from  time  to  timetvritten  or  copied  thereout  by  the 
faid  Giles  Man,  by  the  advice,  and  under  the  infpec-* 
tk)nof  and  at  the  charges  or  prices  to  be  fixed  by  the 


P  E  E  D,  Alh 

feid  Samuel  Tnie^  previous  to  the  copying  out  and  de<» 
livery  ol'tlic  {;imc.  And  in  particular  Lliat  a  book  Ihall 
be  kept  for  the  entry  ot"  the  aceoiuit  ol  caili  to  be  re- 
ceived and  paid  on  account  ol' the  laid  joint  bulinei's, 
and  that  ail  luch  bookb  of  account  and  all  bonds,  bills, 
notes  and  leeurities,  ar.d  all  accounts,  evidences  and 
writings  relatini^  to  this  co-pai  tneilliip,  Ihall  be  kept 
in  Ibme  place  or  places  within  or  adjoining  to  the  fliop 
V'herc  the  partr.v'i fldp  ^li^ill  ^^  liom  time  to  time  carri- 
ed on  and  managed,  uhereto  each  oi'  the  laid  parties 
fliall  be  at  liberty  to  reibrt  at  all  times,  and  to  have  the 
fight,  pertdal  and  examijiation  thereof,  and  to  take  co- 
pies or  extracts  of  ail  or  any  part  thereof,  without  any- 
let  or  denial  whatfoever,  and  that  neither  of  the  faiJ 
parties  fiiall  fecretc  or  remove  any  of  Inch  books,  fecu- 
rities,  evidences  or  writings  as  alorci'aid  :  And  for  the 
more  orderly  carrying  on  the  laid  trade  ©r  bufmefs,  it 
is  alfo  agreed  by  and  between  the  laid  parties  to  thefc 
prefcnts,  that  neith.er  of  them  iliail  in  any  wife  deal  or 
praclife  iuthe  bulinefs  or  art  of  an  apothecary,  or  in  a- 
ny  other  buliiitfs  whatfoever,  during  this  co-partner* 
Ihip,  other  than  for  their  mutual  benefit  and  advantnge 
(liive  and  except  as  is  agreed  with  refpe6l  to  the  faici 
Samuel  True  by  thefe  prefcnts)  And  further  that  each 
of  them  Ihall  and  will,  from  time  to  time  during  the 
continuance  of  this  co-partnerll.ip,  be  juft,  true  and 
faithful  to  each  other  in  all  their  tranfaclions,  accounts, 
and  dealings,  concerning  or  relating  to  the  faid  partner- 
fldp  :  And  that  it  fhall  and  may  be  lawful  to  and  for 
the  faid  Samuel  True,  to  have  the  care  and  cullody  of 
the  money  ariling  from  the  laic  of  drugs,  payment  of 
bills,  or  otherwife,  from  or  on  account  of  the  laid  part* 
neifliip  (he  paying  thereout  all  neccfTary  bills,  charges 
or  expenfes  due  from,  or  relating  to  the  faid  bufinefs.\ 
until  the  time  offettlement  or  annual  divifion  hereinaf- 
ter particularly  mentioned  :  And  alfo,  that  the  laid 
partnQriliip  eftate  and  cijeds  Ihall  not  at  any  time  be 


^7ii  .  D  E  E  Do 

attacae<3,  fcized,  extended,  charged  or  incumbered 
with,  or  for  any  private  or. particular  debt  or  duty  of 
either  of  the  faid  parties,  but  that  fuch  privace  debt.  Ihall 
■from  time  to  time  be  borne,  paid  and  cnfcliaiged  l;y  tiie 
party  charged  therewith,  out  of  his  particular  fepaiate 
eftate,  not  inchided  m  the  faid  partneiihip-.  And  lurr 
ther,  that  neither  of  the  faid  parties  ihall  or  will  with- 
out the  confent  of  the  other,  take  out  or  employ  for  his 
own  particular  ufe  or  occafions,  any  money,  lecuvity, 
or  drugs  belongmg  to  the  faid  joint  flock,  at  any  time 
during  the  continuance  of  the   faid  co-partnerfiiip,  o- 

Iher  than  and  except  the  fum  of dollars,  hereby 

agreed  to  be  taken  out  monthly,  by  the  faid  Samuel 

True^  and  the  ftim  of dollars,  alfo  hereby  agreed 

to  be  taken  out  monthly,  by  the  faid  Giles  Man^  for 
their  refpeccive  expenfes,  and  that  in  cafe  either  of  the 
faid  parties  fliall  at  any  time  or  times  during  the  conti- 
nuance thereof,  without  the  confent  of  the  other  of 
them,  take  out  of  the  faid  joint  {lock,  any  other  fum  or 
fums  of  money  than  .as  aforefaid,  and  as  hereinafter 
jnentioncd,  then  the  party  or  parties  taking  outthe  fame, 
fliall  be  anfwerable  or  accountable  to  the  faid  parti icr- 
fhip  eflate  for  fo  much  money  as  he  fhail  fo  take  there- 
out, without  fuch  confent  as  aforefaid,  and  the  ihai  e  of 
the  party  of  and  in  the  faid  joiiU  ellate,  fliall  be  fubjecl 
and  liable  to  make  good  the  fame,  with  intereft,  after 
the  rate  of  fix  dollars  per  centum  per  annum  :  And  it 
is   further  agreed  by  and  between   the  faid  parties  to 

thefe  prefents, .  that  upon  the day  of ,  w  hich 

will  be  in  the  year  of  our  Lord— — ,  and  fo  after- 
wards annually,  on  the day  of- — —  in  every  year 

during  the  continuance  of  this  copartnerfliip,  a  general 
account  ihall  be  taken,  fettled,  and  Hated,  by  and  be- 
tween the  faid  parties,  touching  the  Hiid  joint  trade  or 
buOnefs,  and  the  flock,  increafe,  profit,  value,  and  lofs 
thereof,  andlikewife  of  all  debts  and  fums  of  money 
owing  and  payable  to,  or  by  the  faid  co-partners  in  re*" 


D  E  E  H.  /t7a 

rpec\  of  the  faid  joint  bufinefs,  and  that  all  and  every 
inch  account  ana   accounts,  or  extra^ls  thtrcol,    Ihail 
from  time  to  time  be  fairly   written  ana  eiuered  into 
two  feveral  books  to  be  kept  for  tiiat  purpofe,  in  fiich 
manner  as  liuit   inch   llatcd  account  may  appear  cu  ar 
and  intelligible, at  tht  ciofe  of  wincii  txU\i6ib  oicrr,  i,  s 
in  fuch   ftvcral  luft  mentioned    books,  tht  faid  parties 
Ihall  fcverally  fubicribe   their  names,    li^nilyuig  their 
approbation  and  confent  to  the  llaang  of  fucli  accounts, 
and  each  party  Ihali  have  and  keep  one  of  fuch  books 
fo  figned,  in  his  own  cuftody,   which  faid  accdunts  fo 
patted  and  fubfcribed,  fliall  be  binding  and  concluiive^ 
and  fliall  not  be  called  in  queltion,  unravelled  or  vari- 
ed, unlefs  fome  error  fliall  be   difcovered  within   iwd 
years  next  afier  the  fame  fliall   be  fo  patted  and  Uib- 
icribed  as  aforefaid,  and  certified  in  writing  by  the  par- 
ty difcovering  the  fame  to  the  other  of  the  faid  parties^ 
or  unlefs  fome  maniieft  error  fliall  appear  on  the  face  of 
fuch  accounts  fo  patted   and  fubfcribed  as  aforefaid  : 
And  it  is  alfo  agreed,  that  upon  the  balancing  and  fet- 
tling fuch  annual  aceouBt,  the  neat  profits  appearing  ro 
be  gained  by  the  faid  partner  fl)ip  ftock,  and  by  the  faid 
bulinefs,  fliall  be  divided  between  the  faid  parties,  in 
proportion  to  their  refpedlive  fliaiTs  in   the  fame,  that 
is  to  fay,  three- fourth  parts  thereof  fliall  be  had  and  re^ 
ccived  by  the  faid  Samuel  True,  and  the  remaining 
fourth  part,  fliall  be  had  and  received  by  the  faid  Giles 
Man  :   Provided  always,  and  it  is   further  agreed,   by 
and  between  the  faid   parties  to  thefe   prefents,  that  it 
fliall  and  may  be  la\\ful  to  and  for  each  of  the  faid  par^ 
ties  refpc6\ively,  and  he  is  hereby  authorifed,  to  retaia 
and  keep  to  his  ownfeparate  ufe,  all  fees  or  gratuities 
for  bleeding,  and  all  fees  and  prefeiits,  over  and  above 
the  common  charge  for  the  bufmefs.  for   which  fuch 
fees,  grain ities,  or  prefents,  fliall  be  from  time  to  time 
jiaid  to  him,  without  bringing  the  furplus  to  the  ac- 
count of  pr  entering  the  fame  in  the  books  of  the  fai4 


474  deed; 

Copartnerflirp  :  And  it  is  alfo  further  covenanted  and 
agreed  by  and  between  the  laid  parties  to  thefe  prefents, 
and  the  iaid  Samuel  Tnu\  doth  for  himfeif,  his  execu- 
tors and  admindlrators,  covenant,  promife  and  agree  to 
and  with   the  faid   Giles  Man^  his  executors  and  ad- 
miniftrators,  that  if  at  time  during  the  faid  term  of — r- 
years,  the  Hiid  Giles  Man,  iliall  be  neceflitated  or  com- 
pelled to  quit  the   faid  buhnefs,  on  account  of  a  bad 
ilate  ofhci.tn,  or  any  other  inevitable  accident,  that 
then  and  \\\  fuch  cafe  the  faid  Samuel  True,  his  execu- 
tors or  admini(l:ators,  fliall  and  will  immediately   on 
fuch  evtr.t  p;)    or    caufe   to   be  paid  unto  the    faid 
Giles  Mali,  one  fourth  part  of  the  full  appraifed  value 
o!"  the  ftock  which  fliall  be   then  belonging  to  the  faid 
C:  .  artncrfliip,  and  of  the  money  then  in  hand,  after  de- 
du«Stmg  the  feveral  debts  which  fliall  be  then  due  and. 
OM  mg  from  the  faid  copartnerfliip   which   he  the  faid 
Samuel  True  will  fatisfy  and  difcharge,  with  the  money 
fo  to  be  deducted,  on  his  the  faid  Giles  Man  executing- 
fuch  re-aflignment  and  bond  as  hereinafter, mentioned, 
and  that  all  debts  which  fliall  be  then  ontftanding  and 
due  to  the  faid  pacjtnerfl/ip,  fhall  be  refpe6\ively  fhared 
and  divided  according  to  the  refpe^ive  fliare  and  pro-, 
portion  of  the  laid  parties  therein,  when  and  fo  foon  as 
the  Aime  can  be  from  time  to  time  got  in  and  received  : 
Ant^  alfo  that  in  cafe  the Hiid  Giles  Ma?u  fliall  happen 
to  die  during  the  continuance  of  this  partnerfliip,  he 
tlie  faid  Samuel  True,  his  executors  or  adminiftrators, 
Hiall  and  will  within  three  months  after  fuchhisdeceafe, 
pay  or  caufe  to  be  paid  unto  the  executors  or  admini- 
ftrators of  the  faid  Giles  Man,  one  fourth  part  of  the 
iiill  appraifed  value  of  the  flock  which   fliall  belong  to 
the  faid  copartnerfliip,  at  the  time  of  the  deceafe  of  the 
faid  Giles  Man,  and  of  the  money  then  in  hand,  after 
deducting  the  debts  then  due  from  the  faid  copartner- 
fliip,  which  he  the  i\iid  Samuel  Ti  tie  fliall  and  will  fa- 
^sfy  and  difcharge  with  the  monty  fo  to  be  dedu^ed> 


DEE  D..  ^f^ 

and  thereof  and  therefrom,  fliall  and  wHl  ftive  harmlefs 
and  keep  indemnified  the  faid  executors  and  admink 
Itrators  of  the  faid  Giles  Man^  and  that  the  Ihare  or 
proportion  of  the  faid  Giles  Mcui^  of,  in  and  to  the  fe* 
veral  debts,  which  at  the  time  of  fach  his  deceale  ihall 
be  due  and  owing  to  the  faid  copartnerftiip,  fl^all  be 
paid  to  his  faid  executors  or  adminiftrators,  when  and 
fo  foon  as  the  fame  fhall  be  from  time  to  time  got  in  and 
received  :  And  the  faid  Giles' Man  doth  hereby,  for 
himfelf,  his  heirs,  executors  and  adminiilrators,  cove- 
nant, promifeand  agree,  to  and  with  the  faid  Samiial 
True^  his  executors,  and  adminiilrators,  that  on  the 
faid  Samuel  True  paying  to  the  faid  Giles  Man^  fuch 
one  fourth  part  of  the  appraifed  vahie  of  the  foid  joint 
Itock,  and  of  all  money  then  in  hand,  (after  fuch  de- 
du(:\ions  asaforefaid)  and  otherwife  fulfilling  his  cova^* 
nant  in  that  refpedl  contained  as  aforefliid,  he  the  faid 
Giles  Man,  fliall  and  will  at  the  cofts  and  charges  o£ 
the  faid  Samuel  True^  re-affign  and  make  over  unto  the 
faid  Samuel  True^  his  executors,  adminiilrators  and  af* 
figns,  all  that  his  one  fourth  part  or  fliare  of  and  in 
the  faid  then  joint  ftock,  and  all  his  benefit,  property 
and  claim  therein  and  thereto  ;  and  alfo  fliall  and  will 
duly  enter  into  and  execute  a  bond  to  the  faid  Samuel 
True,  \vhereby  he  fliall  and  will  bind  himfelf,  his  heirs, 
executors  and  adminiilrators,  unto'  the  faid  Sarnuel 
True,  his  executors,  adminiilrators  and  affigns,  in  the 

penalty  of dollars,  conditioned  to  be  void,  in  cafe 

the  faid  G //<?■? il/^;2,f[iall  not  at  any  time  from&  afterfuch 
his  quitting  the  copartnerlhip  bufinefs  and  receipt  of 
his  fliare  of  the  ftock  as  aforcfaid,pra6\ife  as  or  carry  on 
the  bufinefs  of  an  apothecary  at  any  time  thereafter,dur- 

ing  the  faid  term  of  years,   by  himfelf,  or  jointly 

with  any  dther  perfon  or  perfons   within  the  town  of 

,  or  within  the  diftance  of miles  therefrom  : 

And  it  15  further  agreed  by  and  between  the  faid  par-^ 
icb  tg  tl^fe  prefeujs,  tliAt  in  cafe  either  o.f  the  daugh^ 


^76  B  E  E  ry. 

tersofthefaid  Samuel  True,  fliall  happen  to  marry  a/i 
apothecary,  the  faiu  Somuel  True  Ihali  be  at  hbt-)  ry  and 
have  fuhy  pbv\-er  to  intioauccluch  perfon  as  a  partner 
in  the  laid  trade  or  butinefs,  and  to  grant  and   ailip^n  to 
fucii  perfon,  luch  part  or  iliaic  of  his  the  faid  Samuel 
7Tz^(?V»^three.lburth  parts,  of  and  in  the  laid  joiiu  (lock 
and  buiinels,  as  he  fl-iall  think  proper,  fubjt6\  to  th» 
fevtral  t«#rm..>   and  conditions   of  the  faid  partnt rfliip 
herein  contained,  and  without  prejudice  to  the  intereft 
of  the  faid  Giles  Maii  ;  but  in  cafe  before  any  fuch  e- 
vent  fliall  happen,  thejaid  Samuel  True  fliall  be  mind* 
ed    and    deiirous    to*  difpofe"  of    one     fourUi     part 
of  the  faid  joint  bufinefs,tiie  faid  Qiles  Man  is  to  have 
the  preference  or  refufai  thereof  on  the  following  terms, 
that  is  to  fay,  the  faid  Giles  Man  to  pay  to  the  fliid  Sa- 
Tnntl  True,  the  full  value  of  one  fourth  part  of  the  ftock 
of  mtdicnies,  drugs,   and  other  things  then  belonging 
to  the  faid  copartnerfliip,  the  fame  to  be  appi  aifed,  and 
the  price  fixed  by  two  perfons,   of  whom  each  of  the 
faid  parties  to  nominate  one,  and  alfo  to  pay  to  the  faid 
Samuel  T!'^/^  two  years  purchafe  of  the  profits  of  the 
faid-one  fourth  part,  the  fame  to  be  calculated  by.  the 
average  amount  of  the  clear  profits  thereof,for  the  three 
preceding  years;  and  if  the  faid  Giles  il/^n  fliall  refufe 
oi  neglect  to  complete  the  purehafe  of  fuch  fourth  part, 
on  the  terms  and  conditions  aforefaid,  the  faid  Somuel 
True  is  to  be  at  liberty  to  difpofe   thereof,  to  any   in- 
different peifon  regularly  brought  up  to  the  profeffion 
or  bufinefs  of  an  apothecary,  willing  to  take  the  fame 
and  become  a  partner  in  the  find  bufinefs  ;    And  the 
faid  Giles  Man,  doth  for  himfelf,  his  executors  andad- 
miniftrators,  eovenant,  promife,  and  agree,  to  and  with 
the  faid  Samuel  True,  his   executors  and  adminifira- 
tors  by  thefe  prefents,  in  manner  following,  (that  is  to 
fay)  in  cafe  the   faid    5^w«^/ Tr/zf' fliall  at   any  time 

during  the    faid years,    be     inclined    to  quit, 

and  ihali  accordingly  quit  the  faid  bufinefs,  he  ths 


DEED,  477 

Faid  Gfc  Man  fiiall  and  will  from  time  to  time  account 
with  and  pay  to  the  laid  SiUniiel  I'rue^  lor  one  moiety 
or  half  part  of  the  neat  profitb  of  the  faid  bufinefs, during 

all  the  then  remainder  of  the  faid  term  of  years, 

and  in  cafe  of  the  death  of  the  faid  Samuel  Triie^  dur- 
ing the  faid  term  of years,  then  that  he  the  faid 

Giles  Man  lliall  and  will  from  thenceforth,  well  and 
truly  pay  to  and  account  w  ith  the  executors'  or  ad- 
mmillrators  of  the  faid  Samuel  True^  for  fuch  moiety 
of  the  neat  profits  of  the  faid  bufmefs,  from  time  to 
time  as  the  fame  lliall  arife,  or  upon  fuch  annual  fet- 
tlement  as  aforefaid,  during   all   the  then  remainder 

of  the  laid  leiin  of  years,   if  lie   the  Hiid  Giles 

Man  iliall  fo  long  ilve  ;  Pi  ovided  tlie  faid  Giles  Alan 
Ihall,  previous  to  either  of  the  faid  events,  have  pur- 
chafcd  another  fourth  part  of  the  laid  bufinefs  ;  but  in 
cafe  he  lliall  have  dcclincfl  oj  .egle6led  to  mLike  fucU 
purehafe  of  fuch  fourth  part,  and  in  confequence  there- 
of, fuch  fourth  part  lliall  have  been  fold  to  another,  or 
in  cafe  the  faid  Samuel  True  fhall  have  affigned  the 
faid  fourth  part  to  fuch  perfon  fo  becoming  his  fon-in- 
law  as  aforefaid,  then  and  in  fuch  cafe,  the  fliid  Giles 
Man,  and  fuch  other  perfon  fo  becoming  a  partner  a\  ith 
him  as  aforefaid,  fliall  and  will  account  with  and  pay 
to  the  faid  Samuel  True,  or  in  cafe  of  his  deceafe, 
with  his  executors  or  adminiftrators,  for  a  moiety  of 
the  neat  profits  of  the  faid  trade  or  bufinefs,  from 
thenceforth  for  and  during  all  the  then  remainder  of  the 
faid  partnerftiip  term  of —  years,  if  the  faid  Giles  Man^ 
&  fuch  other  partner,orcither  of  them  fliall  fo  long  live ; 
And  further,  that  in  cafe  the  faid  Samuel  True,  fhall 
happen  to  die  before  he  fliall  have  difpofed  of  any  part 
of  his  prefent  ihare  or  intereft  in  the  faid  partnerlhip 
bufinefs,  then  and  in  fuch  cafe,  that  he  the  faid  Giles 
Man,  Ihall  and  will  within  fix  calendar  months  next 
after  the  deceafe  of  the  faid  Samuel  True,  well  and 
truly  pay  or  caufe  to  be  paid  unto  the  executors  or 


D  E  E  D* 

adminiftrators  of  the  faid  Samuel  True ^  X\\e  fum  of 
i— —  dollars,  iawfui  money  of  the  United  /States,  and 
alio  one  ioLuth  part  of  the  value  of  the  then  copartner- 
iliip  ilock  at  the  vahie  it  lliall  then  be  eftimated  or  ap- 
piaiftd  by  two  perfons,  one  of  \\hom  to  be  nominated 
by  tne  faid  Giles  Man,  and  the  other  by  liie  faid  exe- 
cutors or  admiiiittrators  of  the  foiid  Samuel  True,  as 
and  ior  a  confideralion  (and  which  Ihall  be  by  them  fo 
accepted)  for  the  faid  Giles  Man  becoming  intitled  to 
liave  receive  and  eMJ<.y,  and  actually  receiving  and  en- 
joying one  other  louith  pirt  or  Ihare  of  the  faid  then 
joint  Ilock  of  thefaic;  bufjaefs,  arjd  all  profits  and  ad- 
vantages which  hiaU  or  raay  from  time  to  time  from 
thenceforth  arife  or  be  produced  for  or  in  refpe6f  of 
fuch  part  or  fhare.  And  that  he  the  faid  Giles  Man 
Ihall  arid  will  fiom  thenceforth,  for  and  during  all  the 

remainder  of  the  faid  partnerlhip  term   of years, 

which  fliall  be  then  to  come,  well  and  faithfully  account 
with  and  pay  to  'he  faid  executors  or  adminiftrators 
of  the  iliid  Saviud  True,  an  equal  moiety  or  half  part 
of  the  profits  and  advantages  which  fliall  from  time  to 
time  arife  and  be  made  from  the  liiid  joint  buiinefs. 
And  it  is  hereby  declared  and  agreed,  by  and  between 
the  faid  parties  to  thefe  prefents,  that  at  the  expiration 
,Gf  the  faid  term  of  years,  or  other  fooncr  deter- 
mination of  the  faid.  copartnerlliip,  the  faid  joint  flock 
of  drugs,  medicines  and  other  things,  and  the  money 
then  in  hand  belonging  to  the  faid  copartnerfliip,  and 
ihe  bonds,  bills,  notes,  or  other  fecurities  whereon  the 
fame  fliall  be  then  placed  or  in vefled,"  together  with  the 
feveral  debts  which  fliall  be  then  oi;tilandiug  and  due 
to  the  feiidcopartnerfliip,  when  and  fo  foon  as  the  fame 
Ihall  be  from  time  to  time  got  in  and  received,  after  de- 
du6ling  all  debts  which  fhall  be  then  due  or  owing 
from  the  faid  copartnerfhip, fliall  be  fliared  and  divided 
by  and  between  the  faid  parties  to  thefe  prefents,  or  the 
perfons  then  entitled  thereto,  or  their  refpe6:ive  exe-. 


DEED.  47^ 

cutors  or  nclminitlrators,  according  to  tlieir  fever al  and 
rtlpcclive  rightb,initereil, lliare,c<.  propoitioii  ••,1  iJi,ortc> 
the  liime.  And  it  is  alio  agreed  by  antl  betv.  ecu  lae  faid 
parties  to  thei'c  prclcnts  ior  theuiiclveb  ilverally  i..id  re- 
ipectively-^and  ior  their  iev«;ral  and  rci'ptcuve  exLciuors 
and  adminillrators,  thatif  at  any  time  or  times  hereaf- 
ter any  difference  or  controverfy  lliall  arife  or  happen 
between  the  laid  parties,  or  between  the  furvivo-  of 
them,  and  the  exeentors  or  admimllrators  ol  fuch  dc- 
ceafed  partner,  touching  the  iaid  joint  bulinefs  lloek  or 
prolits  thereof,  or  the  fettling  of  any  account  or  ac- 
eounts  relatnig  thereto,  or  any  other  matter  or  thing 
touching  the  faid  copartner Ihip  or  any  thing  heieiii 
contained,  that  all  Inch  diilt'renceb  HiaU  be  from  time 
to  time  referred  to  the  award,  final  end,  and  determin- 
ation of  two  indifferent  perfons,  whereof  each  party 
fliaii  nominate  one,  and  that  if  the  faid  two  perlbns 
fliall  not  agree,  the  matters  in  difference  within  the 
fpace  of  one  month  next  after  the  fame  fliall  be  refer- 
red tothem, that  then  it  Ihall  be  in  the  power  of  the  faid 
arbitrators  to  nominate  a  third  perfon  as  umpire  be- 
tween the  faid  parties,  who  iliall  have  power  to  deter- 
mine all  matters  in  difference  between  them  within  the 
fpace  of  one  month  next  after  the  reference  fliall  be 
made  to  him  as  aforefaid,  and  that  the  faid  parties, 
their  executors  or  administrators  fliall  attend  fuch  ar- 
bitrators and  umpire,  and  acquaint  them  of  the  matters 
in  difference,  and  of  their  feveral  allegations  >n  relati- 
on thereto,  at  fuch  time  and  place  as  the  faid  arbi- 
trators or  umpire  fhall  appoint,  and  that  in  every  iiich 
cafe,  each  and  every  of  the  faid  parties,  their  and  each 
and  every  of  their  executors  or  administrators  fliall 
and  M'ill  from  time  to  time,  on  their  and  each  and  eve- 
ry of  their  parts  and  behalves,  well  and  truly  obey,  a- 
bide  by,  and  perform  fuch  award,  order,,  and  deter- 
mination, of  and  upon  the  matters  and  things  fo  to  be 
referred,  as  the  faid  arbitrators,  or  umpire  fliall  malvt 


486  DEE  D. 

or  fet  dowa  in  writing  under  their  hands  and  feals  for 
that  purpofe,  ib  that  the  fame  be  made  and  ready  to  be 
delivered  to  the  feveral  parties  in  difference,  or  fuch  of 
them  as  fliall  defire  the  fame,  within  the  refpe6live 
times  hereinbefore  limited  for  thaJt  purpofe.  In  witnefs, 
&c. 


Of  Dissolution  of  Copartnership. 

This  indenture  tripartite,  made  the day  of 

in  the  year ,  between  John  Indie ^  of ,  refiner^ 

of  the  firfl:  part  ;    Charles  Pale^  of  the  fame  place,  re- 
finer^ of  the  fccond  part  ;   and  Mary  Indle^  of  , 

ividow,  and  James  Crow,  of ,  esquire^  executrix 

and  executor  of  the  laft  will  and   teltament  of  Samuel- 

Indie,  late   of ,  aforefiiid,  esquire,  deceased,   and 

which  faid  Mary  Indie  is  alfo  a  refiduary  legatee  napi- 
ed  in  the  faid  will  of  the  third  part  :  Whereas  by  in- 
denture bearing  date  on  or  about  the day  of ■ 

which  was  in  the  year  of  our  Lord ,  and  made  or 

mentioned  to  be  made  between  the  faid/o^;?  Indie  of 
the  one  part ;  ar.d  the  faid  Charles  Pale  of  the  other 
part ;  it  is  witneiTed  that  the  ia\(\John  Indie  andCharles 
Pale  for  the  confiderations  therein  mentioned,did  mu*.- 
tually  covenant,  confent,  and  agree,  to  become  and 
contitiue  copartners  and  joint  traders  in  the  art  or 
myfiery  of  a  refiner,  and  in  the  tranfa£ting  fuch  other 
bufmeis  as  ihey  fliould  agree  on  /or  their  mutual  and 
equal  benef-t  and  advantage  from  the  day  of  the  date 

th^reof,for  the  full  term  of years  from  thencenext 

cnfuing  and  fully  to  be  complete   and  ended,  if  they 
the  faid  parties  Oiould  fo  long  live,  fubje6\  to  the  pro-- 
vifoes,  conditions  and  ag  cements  thereinafter  menti- ' 
aned  and  contained.     And  that  the   money,  goods, 
istenfils  and  things,  then  brought  into  the  laid  joint 


DEED.  4J5i 

trade  hv  the  faid  yo/6«  Iridic  and  Charles  Pale  in  equal 
pr.oportions,    and  amruinting;    in  ^allu    to  the  funi    of 

dollars,    Ihoukl    bt-  nfed  and    employed  as  the 

capital  (lock  tor  carryi}i^  on  the  laid  joint  trade  ;  and 
it  was  by  tiie  fame  indeniure,  aniongft  other  tlii)i;^s» 
provided  and  agreed,  that  each  of  them  the  faid  part? 
ners  ihouid  during  the  Wid  copartnerfliip,  and  it  the 
end  or  determination  thereof  have  a  leveral  rrghr  and 
intereft  of,  in  and  to  one  full  and  equal  moiety^,  or  half 
part  of  the  faid  joint  Hock  and  the  profits  thereof ;  and 
of  all  money,  goods,  wares  and  efte^s  belonging  there* 
to,  as  in  and  by  the  iaid  in  part  recited  indenture,  re* 
lation  being  thereunto  had,  may  more  fully  and  at  large 
appear.  And  whereas  the  faid  parties  to  the  faid  re- 
cited indenture,  in  purfuance  thereof,  have  carried  on 
the  (liid  trade  in  copartuerlhip  until  the  day  of  the  date 

hereof,   and  on  the day  of laft,  a  general  and 

full  account  was  taken,  dated,  and  made  up  by  and  be- 
tween them  the  faid  John  Indie  and  Charles  Pale^  oC 
all  the  Itock,  wares,  merchandifes,  goods,  ellate,  tlebts, 
and  effects,  remaining  and  being  in  the  faid  joint  trade, 
or  owing  or  belonging  to  them  on  account  thereof  ; 
and  alfo  of  all  debts  and  other  demands,  due  and  ow- 
ing by  them  to  any  perfon  or  perfons,  for  any  matter  of 
thing  concerning  the  faid  joint  trade,  or  relating  there- 
unto, whereby  it  appears  that  the  clear  or  neat  balance 
of  the  faid  copartnerfliip  eftatc  and  effe^s,  after  dif- 
charging  the  debts  owing  by  the  faid  partners  in  refpefb 
thereof,  will  be  fcarce  fuflicicnt  to  anfwer  and  pay  to 
th<em  the  faid  Job?!  Indie  and  Charles  Pale^  their  feve- 
yal  fliares  of  the  faid  capital  ftock  brous^ht  into  the 
liiid  joint  trade  as  aforcfaid  ;  and  therefore  they  the  faid 
John  Indie  and  Charles  Pale  have  mutually  agreed  to 
determine  and  diiTolve  the  faid  copartnerfliip.  And 
whereas  the  faid  John  Indie  and  Charles  Pale  ftand 
indebted  to  the  faid  Mary  Indie  and  James  Croiu,  as 
exegutcA'?  of  tlie  UidSamnel  /«(//f  deceafed,  in  tbp 


m  DEED, 

fum  of  *— *— -^  dollars,  which  was  borrov,  ed  by  them  the 
faid  Jobn  Indie  and  Cbarles  Falc  on  tlicir  joint  boijd 
to  the  {^\6.Samue  Indie  deceafed,  for  the  further  ad- 
vancement and  better  carrying  on  their  faid  copartncr- 
lliip  trade  and  bufinefs.  And  whereas  the  faid  John 
Indie  Hands  feparately  iiidebted  to  the  fidd  Mary  In- 
die  and/^/;7(?5CV<7iu, as  executors  as  aforefaidin  the  prin- 
cipal fum  of dollars,  which  was  lent  and  advan- 
ced by  the  faid  Samuel  Indie  deceafed,  to  the  faid  John 
■  Indle^  on  his  own  feparate  bond,  to  enable  him  to  raife 
and  furnilh  his  fliare  and  proportion  of  the  capital 
flock  originally  brought  into  the  faid  joint  trade  :  And 
vhereas  for  the  making  full  and  ample  provilion  for 

payment  of  the  faid  fum  of dollars,  fofecured  by 

the  faid  joint  bond  of  the  faid  John  Indie  and  Charles 
Pale,  to  the  faid  Samuel  Indie,  deceafed,  as  aforefaid, 
and  all  inierell  due,  and  to  grow  and  become  due  and 
payable  in  refpe6l  thereof,  and  all  and  every  other  the 
debts  and  fums  of  money  due  and  owing  by  them  the 
faid  copartners,  in  the  way  of  their  faid  joint  trade  and 
dealing  ;   and  alfo  for  and  towards  payment  and  fatis- 

faclion  of  the  faid  fum  of dollars,   fo  feparately 

due  and  owing,  by  and  from  him  the  faid  John  Indie, 
to  the  faid  Mary  Indie  and  James  Crow,  as  executors 
as  aforefaid,  and  the  intereft  thereof :  It  hath  been  a- 
greed  by  and  between  the  faid  parties  to  thefe  prefents, 
that  the  whole  of  the  faid  copartnerfliip  ellate  and  ef- 
fects fhall  be  folely  ar.d  abfolutely  veiled  in  him  the 
laid  Charges  Pale,  to  the  end  and  intent  that  the  mo- 
ney arifing  thereby,  may  in  the  firft  place  be  applied  in 
payment  of  the  faid  bond  debt,  fo  jointly  due  and  ow- 
ing by  them  the  {liid  Johnlnd'e  2L\u\CharlesPa'e,  to  the 
faid  Mary  Ind'e  and  James  Crow,  as  aforefaid  ;  and 
after  payment  thereof,  then  in  fatisfa6lion  of  all  other 
the  debts  owing  in  copartnerfliip  by  them  the  faid 
John  Indie  and  Charles  Pale,  and  after  full  payment 
qi  all  the  faid  copartnerfliip  debts,  then  that  the  clear 


refiduc  and  fiirplus  of  the  money  arifing  by  the  fale,  or 
dilijontion  oi  the  iaul  copartnci  Ihip  ellate  and  efteiils, 
mav  be  divided  into  two  equa;  parts  or  Ihares,  and 
one  moiety  or  equal  halfpart  thereof, retained  and  kept 
by  the  faid  Chai  cs  Fae,  to  and  for  his  own  proper 
life  and  benefit,  and  the  oUier  moiety  or  halfpart  there/, 
of,  paid,  applied  and  difpofed  of,  in  or  towards  pay- 
ment and  fati.sfa(5lion  of  the  faid  bond  debt  of- doU 

lars,  and  inter  eft,  fo  feparately  due  from  and  owmg  by 
the  faid  John  Ind  c\  to  the  faid  Mary  Ind  e  and  James 
Cro-io,  as  aforelaid  ;  and  in  cafe  of  any  furphis  after 
payment  thereof,  that  the  fame  fhall  bt;  paid  to  thefuid 
Jo/jti  Ind  d",  for  his  own  proper  ufe  and  benefit,  and  in 
conlideration  of  the  proviiion  fo  agreed  to  be  made  for 
thepurpofe  aforefaid,  the  tiie  faid  Mary  Lul  e^  as  be- 
neficially interefted  in  the  refidue  of  the  ellate  and  ef- 
feds  of  the  faid  6'a;72f/t'  Ind  e,  hath  confeured  and  a- 
greed,  that  in  cafe  the  moiety  or  fhare  of  the  faid  John, 
IruUe,  of  and  in  the  clear  furphis  and  tefidue  of  the 
produce  of  the  faid  cc^partnerfliip  eftate  and  effe6\s,  af- 
ter payment  of  the  faid  joint  or  copartnerfliip  debts, 
iliali  not  be  fufficient  to  pay  and  fatisfy  the  faid  whole 

principal  fum  of '  dollars,  and  interett  fecured  by 

the  faid  feparate  bond,  ofhim  the  faid  John  Ind  c^  and 
yet  fuch  moiety  or  Ihare  Iball  produce  fufficient  to  pay 

the  fum  of  dollars,  with  full  intereft  for  the  faid 

fum  of dollars,  that  they  the  faid  Mary  Indie  and 

James  Crow,  as  executors,  as  aforefaid,  fliall  and  will 
accept  the  fame  in  full  of  the  faid  feparate  bond  debt  of 
the  faid  Job?i  Ind/e  :  Now  this  indenture  witnelfeth, 
that  the  faid  Jobn  Indtc  and  Charles  Pale,\\i\h.  the  mu- 
tual atVent  and  confent  of  each  other  have  determined^ 
vacated  and  diflblved,  and  by  thefe  prefepts,  do  deter- 
mine, vacate  and  diffolve  the  faid  copartnerlbip  and 
joint  trade  heretofore  carried  on  between  them  :  and 
alfo  the  faid  in  part  recited  indenture,  and  every  claufe, 
article,  matter,  and  taxing  therein  conta^ined^  and  d^ 


484  DEE  D. 

hereby  feverally  declare  and  agree  that  the  fame  fliall 
from  henceiorth  cealc,  determine,  and  be  null  anc!  vcici, 
to  ail  inteutb  and  purpuies  wnatiotver,  as  \i  iht  laid. 
copartnerlliip  had  never  been  eniered  into,  ;ir.a  tliQ 
fame  indeiiture  had  never  been  made  :  :\ik[  this  in- 
deniure  iurtiier  vvitnefieth,  that  in  puiluancc  and  per- 
formance ot  the  hercinbciore  rtc.ted  agreemcitt,  and 
fo'  o'i'yiiig  iit  fume  iiiio  execution,  uiid  alio  lor  and 
in  coiiiiciciation  of  the  fum  of  five  {hiiiings  of 
good  and  lav,  fui  money  of  the  (Jnited  States,  by  the 
faid  Charles  Pale  in  hand  well  and  truly  paid  to  the 
idiidJohn  Indie,  at  and  immediate]}  before  the  enfeal- 
ing  and  delivery  ofthefe  prefents,  rhe  receipt  whereof 
is  hereby  acknowledged,  he  the  faid  ^ohn  huUe,  by  and 
With  the  privity,  aiicnt,  and  concurrence  oi  them  the 
faid  Majy  Indie  and  James  Croiv^  (teflified  by  their  re- 
ipe611veiy  being  made  parties  to,  and  fealing  and  exe- 
cuting thefe  prefents)  hath  granted,  bargained,  fold,  re- 
leafed,  afiigned,  tra^^slerred.  and  fet  over,  and  by  thefe 
prefents  doth  grant,  bargain,  fell,  releafe,  allign,  trans- 
fer and  let  over  unto  the  laid  Charles  Pale,  his  execu- 
tors, adniiniflrators  and  afiigiis,  all  that  the  moiety, 
part,  pnrportion,  fliare  and  intereftof  him  the  faid  John 
Jndle^  of  and  in  all  the  Itock  m  trade,  leafehold  ellate, 
and  intereft,  wares,  merchandifes,  ready  money,  debts 
outllanding,  goods,  chattels,  utenfils  and  efftOs,  be- 
longing to  the  faici  joint  trade  and  copartneifliip.  or  to  " 
them  the  faid  y^/jw  hidle  and  Charles  Pale^  or  either 
of  them  in  refpe6\  thereof;  and  all  the  eftate,  right,  ti- 
tle, and  interel^,  property,  polTeiTion,  benefit,  claim  and 
demand  whatfocver,  both  at  law  and  in  equity,  of  him 
the  faid/<7/j»  Indie,  of,  in,  to  or  out  of  the  faid  copart- 
jierfliip  eflate  and  premifes,  or  any  part  thereof,  toge- 
ther with  all  and  fingular  the  books  of  account  relating 
to  the  faid  joint  trade  ;  To  have,  hold,  perceive,  re- 
ceive, take  and  enjoy  the  faid  eftate  and  premifes  men- 
tioned tQ  be  hereby  alTigned  or  releafed,  with  all  and 


^ 


D  £  E  u,  'isa 

every  of  the  appurtenances  unto  the  faid  Charles  PaJe^ 
hib  cxtcuiors,  udininillratoiii  and  all.gnb,  tVom  licnce- 
iorth  for  ever,  upon  trull  nevertheltl'b,  and  to  ihv  kx\A^ 
iuLent,  and  purpoic,  and  the  faid  Charles  Pale,  m 
Ic'lf,  ln^5  exLCuiors  and  admniillrators,  doth  co\t.  .:, 
pioniiic  and  agree,  to  and  with  the  faid  John  Indlc\  his 
executors  and  adminillrators,  by  thcfe  prefents,  in 
inmnier  and  lorm  follow  nig-,  that  is  to  fay,  ihat'hc  tlie 
faid  Charles  Pale^  liis  executors  or  adminiftrators, 
lliall  and  uil  ,  with  all  convenient  fpecd,  fell  and  dif- 
pi)fe  of  the  faidcopartr.erlhip  ellate,  flock  in  trade,  and 
efftels,  ibr  the  moil  and  bell  price  that  can  be  cot  for 
the  fanne,  and  ufe  his  and  tlieir  bell  means  and  endea- 
vors to  get  in,  eolie^l:  and  receive  all  and  fmgular  the 
debt  ana  debts,  iv.iv,  andfems  of  money  due  and  owing 
vto  the  laid  john  I:u:lc  and  Charles  Pah\  in  partner- 
iTiTp  or  otheruife,  and  fljall  and  will  pay  and  difjjofe  of 
the  neat  monies  ariling  thereby,  after  deducting  the  lie- 
celfary  expenfes  attending  the  recovering  and  receiving 
the  fame,  and  executing  the  truft  aforefaid,  in  the  tirll 

place,  in  difcharging  the  fum  of dollars,  jointly 

owing  by  the  faid  John  Indie  and  Charles  Pale^  to  the 
faid  Mary  Indle  and  James  Crovj,  as  executors  as  a- 
forefaid,  with  the  interefl  due  thereon  ;  and  all  other 
the  debts  ou  ine  in  partrcrfhip  by  the  faid  ^oh??  Iridic 
and  Charles  Palc^  to  any  other  perfon  or  pcrfons  whai- 
foever,  and  after  payment  and  fatisfat^tion  thereof,  fliall 
and  will  divide  the  clear  fur  plus  and  reiidue  thereof, 
into  two  equal  parts  or  fliares,  and  after  retaining  or 
keejiing  to  himfelf  the  faid  Charles  Pale^  one  full  moi- 
ety or  equal  half  part  th.'-eof,  to  and  for  his  own  pro* 
per  ufe  and  benefit,  ihah  and  will  Hand  and  be  poUcired 
of  the  other  moiety  or  ecnial  half  part  thereof;  in  trull, 
to  !<.iy,  apply  and  dHncfc  of  the  fame  for  or  towards 
payment  and  fatisfadlion  of  the  principal  money  and 
interell  due,  and  to  become  due  on  the  l)ond,  fo  fcpa- 
rately  entered  into  by  the  faid  John  hidh  to  the  faid 


^SG"  '  DEED. 

Samuel  Indie  as  afor^liiid,  under  and  piirfuant  to  tlie 
terms  of  the  agrccinont  hcreinbeioie  recitea  lO  luive 
bten  made  betwceji  the  laid  Mary  IndU  and  John  In^ 
dle^  touching  the  lame  and  the  true  intent  antl  m«.aning 
thereof;  and  after  lull  payment  ihereof,  ihall  auci  will 
Hand  and  be  pollelled  of  the  fnr  plus  or  rehdue  of  fuch 
laft  mentioned  moiety,  in  trull  for  the  faid  John  Indle^ 
Jiis  executors,  adminiilrators  or  alligns  ;  and  aUo  that 
he  the  faid  Charles  Pale,  hisv^xecutors  or  adminillra- 
tors,  Ihall  and  will  from  time  to  time,  and  at  au  times 
hereafter,  upon  every  reafonable  requcit  of  the  i,x\ix,Jobn 
Jndle^  Mary  Indie  and  James  Crow,  or  any  or  eiUier 
of  them,  give  and  render  unto  them  the  faid  John  In- 
die,  Illary  Indl:\,  and  James  Crow  i<-:"  ."'-Vp  c  ;-7j  ajnft 
and  true  account  of  all  and  ■  :  ,-n  a  id  fums 

of  money,  or  other  iVlr.i.  cuo.:  ...i  maii  or  may  have 
th*^:-  '-^-^  •-;'"-^''^d,  obtained, or  received  by  the  laid  Charles 
p.,.,  i:..  executors  or  adminillrators,  out  of  the  faid 
copartnerfhip  cilate  and  effeCl:;^  ;  and  fhalli and  will  pay- 
apply,  and  diipofe  of  all  fuch  money,  and  other  fa'.is- 
fa6\ion,  aslliall  be  received,  when  and  as  often  as  the 

fame  fhall  amount  to  the  fum  of dollars,  or  up- 

-u-ards  to,  for  and  upon  the  fevcral  trulls,  intents  and 
purpofes  hereinbefore  mentioned  concerning  the  pro- 
duce or  clear  furplus  of  the  faid  copartnerlliip  ellate 
and  eifeQs,  and  according  to  the  true  intent  and  mean- 
ing of  thefe  prefents  :  And  further,  that  he  the  faid 
Charles  P<2/(?  his  executors  or  admiuiftrators,  fhall  and 
will  permit  and  fuffer  the  faid  John  Indie,  Mary  Indle 
and  James  Crow,  or  any  or  either  of  them  :  And  alfo 
Phil'ip  Pale,  father  of  the  faid  Charles  Pale,  at  conve- 
nient times  during  the  tranfa6lions  aforefaid,  to  have 
the  fight  and  perufal  of  all  and  every  the  books,  papers 
and  writings  in  any  wife  relating  to  the  faid  joint  trade 
and  copartnerihip,  of  to  the  outilaiuling  debts  belong- 
ing thereto,  with  liberty  to  tranfcribe  and  copy  out  the 
f^me  at  her,  his,  their  or  any  of  their  free  will  and  ple^- 


D  E  r:  D.  457 

i^tt  :  lAnd  in  order  the  better  to  enable  the  faid 
CburU::  P  -U\  bib  txcculorsand  udniu.iliraiorb,  to  re- 
ceive a;id  .  I  in  the  laid  copartnerlhip  eltate  debts  unci 
efteCls,  iie  die  laid  Jobn  liullc  hath  made,  ordained, 
conUitutcd  and  app</inled,  and  by  thele  prcfenls  doUi 
piake,  ordain,  conlliiiiie  and  appoint  the  laid  Charles 
PjIc\  the  true  and  law  inl  atloriRy  orhim  the  laid  John 
Jiidlc,  lot  him,  and  in  iiis  name  or  in  tlie  joint  mimes  of 
tliem  the  taid  John  Iridic  and  Charlea  ale,  but  to  and 
for  and  upon  the  leveral  ulcs, trulls, intents  and  purpo- 
fes  hereiiibefore  mentioned,  exprelVed,  and  deelared 
concerninj^;  the  Aime,  to  alk,  demand,  fue  for,  recover 
and  receive,  polfefs  and  enjoy  all  and  lingular  the  laid 
copartnerlhip  eftate  and  efilcls,  as  well  chattels  real  as 
chattels  perfonal  in  polTelhon,  or  in  a6\ion,  and  of  ulmt 
Mature  or  kind  foever,  and  ^^•hc^elbever  in  any  wiie 
belonging  to  the  laid  joint  trade  or  copartncrlhip  ;  and 
to  give  receipts  or  other  lufficient  difeharges  for  the 
fame,  and  one  or  more  attorney  or  attornics  under  hini 
and  them  for  the  purpofes  aforeHiid,  to  make,  and  at 
pleafure  to  revoke,  and  generally  to  ufe,  take  and 
profccute  every  or  any  lawful  or  equitable  method, 
caufe  or  expedient,  for  the  recovering,  receiving,  and 
getting  in  the  faid  copartnerfliipeftate  debts  andt{le6\s, 
or  anv  part  thereof,  and  for  applying  and  difpofing  oC 
the  fame  to,  for  and  upon  the  leveral  ufes,  trulls,  in- 
tents and  purpofes  hereinbefore  mentioned  and  declar- 
ed concerning  the  fame,  and  according  to  the  true  in- 
tent and  meaning  of  thefe  prtfcnts,  in  as  full,  ample, 
and  beneficial  manner,  to  all  intents  and  purpofes,  as 
the  fame./o/;/z  Indh  and  Charles  '  ale  might  or  could 
do,  in  cafe  the  faid  copnrtnerlhip  had  not  been  diilulv- 
cd,  and  thefe  prefents  had  not  been  made  :  And  the 
idV\John  Indlc,  for  himfelf,  his  heirs,  executors  and 
and  adminiftrators,  doth  covenant,  promlfe  and  agree 
to  and  with  ihe  faid  Charles  Pale,  his  executors  and 
admiuiftrators,  bv  thefe  prefents,  that  he  the  faid  John 


483  DEED. 

Indie  Hiall  and  will  from  ti^ie  to  time,  and  at  all  timcsf 
hereafter,  at  the  requcfl.  of  the  faid  Charles  nlc^  but 
at  the  joint  colls  and  chari^es,  in  the  law,  of  the  faid 
Charles  ale  and  the  faid  John  Indie ^  do  txtcute  or 
join  in^all  and  every  other  fiich  further  a^ls.  convey- 
ances and  afiurances  as  fliall  be  requilite  for  enabling 
the  find  Charles  Pale  his  executors  or  adminiflrators, 
to  recover,  receive  and  eet  in  the  copartnerfhip  eftate 
debts  and  efte61s  aforefaid  ;  and  alfoto  fell,  alftgn, 
and  difpofe  of  the  fame  and  every  part  there(»r  ^or  the 
purpofe  aforefaid,  as  by  him  the  faid  Charh-..  P  ih\  his 
executors  or  adminiftiators,  or  his  or  then-  counfel 
learned  in  the  law  fliail  be  advifed  and  required  :  And 
alfo,  that  he  the  faid  Johnlnde  fliall  not  nor  will 
attmy  time  hereafter  revoke,  cancel  or  make  void  the 
power  of  attorney  hereinbefore  contained,  nor  relieve, 
releafe  or  difcharge  any  of  the  faid  copartnerfliip  eftate 
debts  and  efFe6\s,  nor  dlHivow  or  become  nonfuit  in  any 
a6\ion  or  fuit  v.hich  Inall  be  commenced,  fued  orpro- 
fecQted  for  the  recovery  thereof:  And  that  it  fliall  and 
may  be  lawful  to  and  for  the  faid  Charles  ■  ale^  his  ex- 
ecutors or  adminiftrators,  to  employ  any  proper  per- 
fon  or  perfons  to  recover,  get  in.  collect,  and  receive 
the  faid  copartnerihip  eftate  and  eff'c6)!^,  and  to  make 
any  reafonable  allowance  thereout  to  him  or  them  for 
their  care,  pains  and  trouble  in  and  abfjut  the  fame  : 
And  the  faid  Mary  Indle^  for  the  confiderations  afore- 
faid, doth  hereby  for  herfelf,  and  for  the  faid  James 
Crow^  her  and  his  executors  and  adminiftrators,  cove- 
nant, promife  and  agree  to  and  with  the  faid  John  In- 
die^ his  heirs,  executors,  and  adminiftrators^  that  in 
cafe  the  provifion  herebv  made  fliall  extend  or  be  fuf- 
ficientto  pay  the    faid  Mary  Indi'.'-.  and  James  Croiv^ 

the  funi  of dollars,  together  v.ith  intereft  for  the 

faid  whole  fnm  of dollars,  or  any  greater  fura  of 

m,oneytowardsfatisfa6\ion  ofthe  faid  feparate  hor-d  debt 
of  the  faid  Joh:iIi-d.e,th:xt  then,  and  in  fuch  cafe,  the^ 


D  E  £  IX  489 

the  fuld  Mary   Indie  and  James  Croiv  fliall  and  will 

accept   the   lame    in   full  ol"  the  debt  of dollars, 

owiii}^  by  the  faid  Jo/jri  Indie  to  the  faid  Mary  hide 
and  James  Crow,  as  executors  as  aforefaid,  and  Hiall 
and  will  deliver  up  the  fccurity  for  the  fame  to  the 
faid  Jobn  Indie  te  be  cancelled  ;  but  in  cafe  the  cfrc6\3 
fliall  prove  deficient  to  clear  the  faid  bond,  by  pay- 
ment of  the  faid  fum  of- dollars,  together  w'nh 

all  intcrcR  to  become  due,    or  the    laid  dollars 

bond,  in  fuch  cafe  they  the  faid  Alary  Indie  and  James 
Crow  fliall  be  at  liberty  to  retain  and  keep  the  faid 
bond  to  make  fuch  further  ufe  thereof  as  they  fliall 
think  fit.  Provided  always,  nevertheless,  and  it  is 
hereby  agreed  by  and  between  the  faid  Mary  Indie  and 
John  Indie,  for  thcmlelves  and  their  refpective  exe- 
cutors and  adm'millrators,  and  it  is  the  true  intent  and 
meaning  of  them,  and  alfo  of  thefc  prefents,  that  in 
cafe  the  moiety  or  lliare  of  the  faid  John  Indie  of  and 
in  the  clear  furpUis  or  reiidue  of  the  faid  copartnerfliip 
eilate  and  effects,  after  payment  of  the  faid  copartner- 
fliip  or  joint  debts,  iliall  not  produce  fufficient  to  pay 
the  faid  Mary  Indie  and  James  Crow  the  full  fum  of 
■  dollars,  with  intereft  for  the  faid  whole   fum  of 

• dollars,  towards  fatisfaction  of  the  faid  feparate 

bond  debt  of  the  faid  Jobn  Indie  ;  that  then,  and  in 
fuch  cafe  if  the  hid  Jobn  Indie  his  executors  or  admin- 

iftrators  do  and  fliall  within  the  fpace  of  years, 

to  be  computed  from  the  day  of  the  date  hereof,  well 
and  truly  pay,  or  caufe  to  be  paid  unto  the  faid  Mary 
Indie  and  James  Crow,  or  either  of  them,  their  or  ei« 
ther  of  their  executors  or  adminiftrators,  fo  much 
money  as, together  with  the  faid  moiety, fliall  make  up 

the  full  fum  of dollars,  good  and    lawful  money 

of  the  United  States,  with  lawful  intereft  for  the  fame, 
to  be  computed  from  the  day  of  the  date  of  thefe  pre- 
fents, they  the  faid  Mary  Indie  and  James  Crow,  and 
the  furvivor  of  them,  and  the  executors  andadminiftra-v 

[62]  ,      


490  DEE  D. 

tors  of  fach  farvivor,  fhaU  and  will  accept  and  take 
the  fame  in  full  fatlsfaction  and  discharge  of  the  Avhote 

principal  fum  of dollars,  and  all  intereft    due  and 

to  incur  and  become  due  and  payable  in  refpec).  there- 
of, fo  fecured  by  the  faid  feparate  bond  of  him  the 
fdid  Jo bn  Itidlc  as  aforefaid,  and  deliver  up  to  him 
the  faid  John  Indie ^  his  executors  or  adminiilrators, 
the  fame  bond  to  be  cancelled  or  otherwise  dealt  with 
and  difpofed  of  as  he  or  they  fliull  think  fit.  And 
laftly,  That  they  the  faid  Mary  Indlc  and  James 
Croiv^  or  either  of  them,  their  or  either  of  their  execu- 
tors, adminiilrators  or  affigns,  Ihall  not  nor  will  during 

the  fpace  of years,  IVom  the  date  hereof,  in  any- 

wife  moleft,  fue,  arrell,  attach,  or  profecute  the  faid 
yo.bn  Jndie,  his  heirs,  executors  or  adminiilrators,  for 

or  upon  aecount  of  the  faid   debt,  of- dollars  by 

him  owing  to  the  faid  Mary  Indie  and  James  Croiv 
as  executors  as  aforefaid,  or  any  part  thereof,  but  fliall 
and  will  during  the  time  aforefaid,  permit  and  fufler 
the  faid  Jobn  Indie  to  attend  and  follow  his  buhnefs 
^vithout  any  interruption  or  molcftation  fliall  be  given 
or  occafioned  by  the  faid  Alary  Indie,  and  James  Cro%u 
or  either  of  them,  to  the  foid  John  Indie  for  or  in   re- 

fpe^  of  the  faid  feparate  debt   of dollars  or  any 

part  thereof  within  the  time  aforefaid  ;  That  then  the 
laid/(?-6«/«(7/«?,  his  executors  and  adminiilrators  fliall  be 
and  is  hereby  abfolutely  acquitted,  and  forever  dif- 
charged,  of  and  from  the  fame  debt,  and  every  part 
thereof.     In  witnefs,  &:c. 

Whereby  one  Copartner  upon  retiring  from  business^ 
grants  to  others  bis  share  of  the  Copartnership 
Debts  and  Effects* 

This  indenture  tripartite,  See.   between    Vh'ips  Qua 

the  elder  of raerchant,  of  the  first  part ;   Robert 

JVood  of  the  fame  place,  merchant  of  tlie  fecond  part  5 


DEED.  491 

and  Plnps  ^ta   the  younger,  and  John    %ua  both  of 

alureraid,  merchants  (Ions  of  the  laid  Phips  J^ia 

the  elder)  ofthe  third  part  ;  Whereas  by  indenture  of 

four  parts,  bearing  date  on  or   about  the day  of 

,  which  was  in  ihc  year  of  our  Lord ,  and 

made  or  mentioned  to  be  made  between  the  faid  Fhips 
Qua  the  elder,  of  the  firil  part  ;  the  laid  Phlps  ^ici 
the  younger  of  the  feeond  part  ;  the  (aid  John  ^la  of 
the  third  part  ;  and  the  faid  Robert  Jf^^ood  of  the  fourth 
part  ;  They  che  faid  parties  thereto  did  covenant  and 
agree  to  become  copartners  and  joint  traders  in  the 
profeliion  of  a  merchant  from  the  date  thereof,  for  the 
term  of years,  under  the  conditions  and  agree- 
ments thereinafter  mentioned,  and  that  the  Hock  of 
goods,  wares,  merehandifes,  debts  and  other  things 
therein  mentioned  to  be  brought  into  the  faid  joint 
tr<ide,  and  to  amount  in  vaUie  to  the  fum  of dol- 
lars fhould  beufed  and  employed  therein  as  their  capital 
or  joint  Hock;  and  that  the  faid  Fhips  ^/a,  the  el- 
der, ihould  be  entitled  to  three  eighth  parts  of  the  faid 
joint  ftock  and  trade  and  the  profits  thereof,  the  faid 
Fhips  ^la  the  younger  to  two  other  eighth  parts 
thereof,  the  faid  Johti  ^la  to  one  other  eighth  part 
thereof,  and  the  faid  Robert  JFood  to  the  remaining 
two  eighth  parts  thereof.  And  it  was  by  the  fame  in- 
denture (amongft  other  things)  covenanted,  concluded 
and  agreed,  by  and  between  the  liiid  parties  thereto, 
that  they  the  fame  parties  Ihould  yearly  during  the  faid 

copartnerlhip  on  the day  of ,or  within  tw  en- 

ty  days  next  before*  or  after,  account  together,  and 
fully  fmifli  between  them  a  perfe6\  account  and  reft  in 
writing,  of  all  monies,  goods.  Mares,  debts  and  effe6\s 
then  being  in,  or  belonging  to  tlie  faid  copartnerlhip 
trade,  and  of  all  debts  and  duties  then  owing  by  them 
on  account  thereof,  and  that  the  faid  Fhips  ^la  the 
elder  might  upon  finishing  any  fuch  yearly  account, 
give  and  grant  all  or  any  part  of  his  then  Iharc  and  iu- 


^92  DEE  D. 

tereft  of  and  in  the  faid  copartnerfliip  (lock,  and  trade 
to  the  laid  Phips  ^m  the  younger,  and  John  Qtia^ 
or  either  of  them,  in  fuch  parts  and  proportions  as  he 
Ihould  judge  proper,  and  that  from  henceforth  during 
the  then  remainder  of  the  faid  copartnerlliip  term  of  — 
years,  and  at  the  expiration  or  other  fooner  determina- 
tion thereof,  the  faid  Phips  ^la  tlie  younger,  and 
^ohn  Qua^  refpe6\ively,  Ihould  have,  receive  and  be 
jniitled  to  fuch  part  and  fliare,  or  parts  and  ihares  as 
fliould  be  fo  to  them  refpc6lively  given,  of  and  in  the 
faid  copartnerfliip  Hock  and  trade,  and  the  profits  there- 
of, over  andbefides  their  feveral  former  ihares  and  in- 
tereft  therein.  And  whereas  by  deed-poll  (indorfed  on 
the  back  of  thefliid  recited  indenture)  bearing  date  the 

« day   of ,   reciting  that  the  iliid   Phips    ^la 

the  elder,   Phips  ^la    the  younger,  Joh?i  ^la  and 
JRobert  P/ood,  had  the  day  of  the  date  thereof  finiflied 
the  taking  a  yearly  inventory  and  account  of  all  wares, 
goods,  debts,  ready  money,  and  other  things  belong- 
ing to  them  on  account  of  the  faid  copartnerfliip  trade  ; 
and  that  the  faid   P/^^/j^  .§j/(^  the  elder,  in  purfuance 
of  the  power  to  him  referved  by  the  foid  recited  inden- 
ture, had  agreed  to  give  out  of  his  fliare   of  the   faid 
copartnerfliip   flock,  one  eighth   part  thereof  to   the 
faid  John  ^la  ;  it  is  witnelTed  that  for  the  confide- 
rations  therein   mentioned,   he  the   faid  Phips    ^iia 
the  elder  (with  the   confent  of  the  faid  Phips   ^la 
the  younger,  and  Robert  JFood  tellified  as  therein  is 
mentioned)  did    give  and  grant  unto   the   faid  John 
^la  one  eighth  part  of  all  and  Angular  the    goods, 
wares,  merchandifes,  money,  debts  and  effects,   due, 
owing  and  belonging  to   the  faid  copartnerfliip   in  the 
faid  inventory  particularly  mentioned.     T6  hold,  re- 
ceive, and  take  to  him  the  foid  Johti  Qua,  his  exe- 
cutors, adminiflrators,  and  airigns,as  his  and  their  own 
proper  goods,  chattels  and  cfFeds,  as  in  and   by   the 
(aid  indenture  aiid  ^eed-poUj  relation  being  thereto  re.~ 


D  £  E  L).  493 

fpetSlively  had,  may  appear.  And  ^vhcrcas  the  faid 
rb'ips  ^la  the  elder,  Fhips  ^la  the  younger. 
'^ubn  ^ui  and  RorcJt  JVood  have-  carried  on  the  laid 
trade  in  co-partnerlliip, until  the  day  of  the  date  of  thcle 
prelents,  and  have  taken  a  Unal  and  general  aecoinit  of 
all  wares,  goods, debts,  ready  money,  and  other  things 
whatfoever,  belonging  or  due  to  them  for  or  on  ac- 
count of  the  faid  eo-partnerihip  trade,  and  alfo  of  all 
debts  and  other  demands  due  or  owing  by  them  to  any 
perfon  or  perfons  for  any  matter  or  thing  concerning 
the  joint  trade,  and  have  caufed  the  particulars  thereof 
to  be  entered  into  a  proper  refl-book,  which  is  figned 
by  them  at  the  foot  of  the  faid  account  v.hereby  it  ap- 
pears,  that  the  clear  or  neat  eilate   of  the  faid  copart- 

nerOiip  amounts  to  die  fum    of dollars.       And 

whereas  the  faid  Pbips  Qua  the  elder,  intends  to  re- 
tire from  bufmefs,  and  the  faid  J'bips  ^m  the 
younger,  Jobn   ^la  and  Robert  IVood  have  agreed 

to  continue   co-partncrs    during  the   remaining 

years  of  the  faid  copartnerlhip  term  of years,  and 

the  l\\id  Pbips  ^la  the  elder,  hath  therefore  agreed 
to  give  to  his  faid  fons  Pbips  ^la  the  younger,  and 
Jobn  ^la,  his  two  eighth  parts  of,  and  in  the  faid  co- 
partnerlhip ilock,  debts,  and  efte6\s,  on  bein^  indem- 
nified from  the  debts  owing  by  them  on  account  there- 
of, in  fuch  manner  as  hereinafter  is  exprefled.  Now 
this  indenture  witnefteth,  that  for  and  in  confiderati- 
on  of  the  natural  love  and  affc^ion  v.hich  the  faid 
Pbips  Qua  the  elder,  hath  and  bearcth  to  his  faid  fons 
Pbips  ^la  the  younger,  and  Jobn  ^/a,  he  the 
faid  Pbips  ^la  the  ekler,  (by  and  with  the  privity 
and  confent  of  the  Hiid  Robert  JFood,  ttftified  by  his  be- 
ing a  party  to,  and  fealing  and  delivering  thefe  pre- 
fents)  hath  given  and  granted,  and  by  thefe  preft-nt"^ 
doth  give,  and  grant  unto  them  the  laid  Pbips  ^ni 
the  younger,  and  Jobn  ^a,  their  executors,  ad- 
minillrators,  and  ajligns  ;  all  thofc  two  eighth  part^. 


494  DEED. 

fliare,  And  intercft  of  lumlhe  faid  PJj'ips  ^la  the  el- 
der, of  arid  in  all  die  ftock   in  trade,  ware^,  merchan- 
clilcs,   ready  moac}',  debts,  outilanding  goods, chattels, 
and  cffetls  whatfoever,  i\u.<i,  owing,  and  belongi\ig   to 
the  laid  joint  trade  and  co-partneriiiip,   or  to  theai  the 
faid   Phijjs  ^ui    the    elder,    Pbips   ^la  the  youn- 
ger, John  ^la  and   Robert  JVood^  or  unyof  thent  in 
refpeCl:  thereof,  and  all  the  right,    title,    and    intcrert 
i^hatfoevcr  of  him  the  faid   Pbips  Qua  the  elder,  of, 
in,  oi'  to  the  faid  hereby   granted' premifes  and   every 
part  thereof.      I'o  have,  hold,  perceive,  receive,  take, 
and  enjoy  the  faid  tu-o  eighth  parts  mentioned   to  be 
hereby  granted  of  the  laid  Hock  in  trade,  v/ares,   debts 
and  effed^s,  and  of  all  other  the  aforefaid  premifcs  un. 
to  the  faid  Pb'ips  ^ua  the  younger,  and    Jobn  ^la^ 
equally  to  be   divided  between  them,  (iiare  aud  Iharc 
alike  as  tenants  in  common,  their  executors,   admini- 
flrators  and  ailig^ns,  to  their  own  ufe,  and  as  their  own 
ficoods  and  chattels  abfolutelv  for  ever.     And   for  the 
coniiderations  aforefaid,  and  for  the  better  enabling  the 
faid    ■  bips  ^la  the  yoiinger,  and  Jobn   ^la^  to  re- 
cover, receive,  and  get  in,  all   and  every  the  fam  and 
fums  of  money,  debts  and  efFecls  belonging  to  the  faid 
copartiierlhip,  whereof  two  eighth  parts  are  hereinbe- 
fore mentioned  to  be  hereby  granted   as  aforefaid  ;  he 
-diQ  faid  Pbips  ^la    the  elder,  hath  made,   ordained, 
conftituted  and  ap})ointed,  and  by  thefe  prcfents  doth 
Kiake,  ordain,    conRitute  and  appoint  the  faid    Pbips 
J^?mthe  you.^ger,  and  Jobn  ^la,  his  true  and   lawful 
attorney  and  attornies,  for  and  in  the  n:mie  of  him  the 
laid  Pbips  ^^ui,   the  elder,  his  executors,  adminiflra- 
tors  and  afiigns  to  afk,  demand,  call  in,  and  receive  of, 
and  from  all  and  every  perfon  and  {jerfons  liable  and 
obliged  or  intruded  to  pay  the  ftme   refpectively,    all 
and  every  the  liim  and  funis  of  money,  debts,  goods, 
and  efre61s,  whereof  two  eighth  parts  are  mentioned  to 
be  hereby  granted,  and  which  are  due,  owing  find  bcr 


DEED.  495 

Jon^'insf  to  tliem  the  faid  Pbips  Qn.i  the  clc!cr,  and 
Vlj'ips  ^ta  the  younuTr,  John  ^tciy  and  Robert  JToody 
or  any  ol  thcni  m  felj)c6t  of  the  laid  copartiR-rlliip  or 
joint  trade  cauied  ou  between  them  as  aforeliild,  and 
to  give  rc:ct  :j>ts  or  other  eiicchml  dilchargcs  for  all  ths 
faid  riioiiies,  debts  and  effects,  m  d>e  name  oi"  llie  faicl 
Phips  ^iaih&  eU!er,  or  otherwiie,  as  to  them  the 
laid  Phips  J^/<7  the  younger,  wwd  John  i^r/cz,  Ihall  feeni 
moll  prcjper  and  expedient  |»  and  to  uie,  take,  and  pro- 
Iccute  e\eryor  any  lawlul  or  equitable  courfe  or  ex- 
pedient for  the  recovering^,  receiving,  and  getting  in 
the  faid  monies, deb.ts  andefre6\s,or  any  part  thereof,  in 
the  name  of  liimthefaidPZ>//?i^/jthe  elderjointly  uith 
them  the  faid  Vhips  ^la  the  younger,  Jobji  ^/a,  and 
Robert  /rood,  or  olherw  ii'e,  as  to  them  the  faid  Vhipj 
^la  the  }  oungcr,  and  John  ^ta  (hall  feem  moll  requi- 
lite  and  expedient,  in  as  full,  ample,  and  beneficial 
manner,  to  all  intents  and  purpofes  as  they  the  faicl 
Vh'ips  ^ta  the  elder  \*hip3  ^ta  the  younger,  John 
^la,  and  Robert  JVood,  might  or  could  do  in  cafe  thefe 
prefents  had  not  been  made.  And  the  faid  Vhips  ^/a, 
the  elder,  for  himfelf,  his  heirs,  executors,  and  admi- 
iiiftrators,  doth  covenant  promifc  and  agree  to  and  with 
the  faid  Fh/ps  ^la  the  younger,  and  John  ^ta^  their 
executors  and  adminiftrators  by  thefe  prefents,  that  he 
the  faid  Vbips  ^ia  the  elder,  fiiall  and  will,  from  time 
to  time,  and  at  all  times  hereafter,  at  the  requeil  and 
proper  cods  and  charges  in  the  law  of  the  faid  Ph/ps- 
S^ia  the  younger,  and  John  <//<3,  do  execute  and  join 
in  all  and  every  other  fuch  fu/thcr  a6t  and  a^s  as  ihall 
be  requilite  for  enabling  the  faid  Phips  ^/a  the  voung- 
er,  and  John  ^la,  \h(-\v  executors  or  adniinillrators 
to  recover,  receive  and  get  in  the  debts  and  cftctls  a- 
forefaid,  and  as  by  them  or  cither  of  them,  their  or  ei- 
ther  of  their  counfel,  learned  in  the  law  lliall  be  advif- 
ed  and  required.  And  alfo  that  he  the  faid  Pbips^ 
^ua  the  elder,  Ihall  not,  neruill,  at  any  time  -lereuf. 


490  DEED, 

0 

ter  compound  or  releafe  any  debt  or  fum  of  irloney  nov/ 
due  and  owing  to  diem  the  laid  parties  hereto,  or  any 
of  them,  in  rcfpect  of  their  faid  jjint  trade  and  copart- 
neribip,  nor  difavow  or  become  nonfiiit  in  any  ac\ioi> 
or  fait,  which  may  be  commenced,  fued  or  profecuted 
for  the  recovery  thereof.  And  the  faid  Fbips  ^ta  the 
youncrer,  and  ^obn  ^U7,  for  the  confiderations  afore- 
faid,  do  hereby  for  themfelves  feverally,  and  for  their 
leveral  and  refpe^live  heite,  executors  and  adminiftra- 
tors,  covenant,  promife,  grant  and  agree  to  and  with 
the  faid  Vhips  ^la  the  elder,  his  executors  and  admin- 
iftrators,  that  the  faid  Fbips  ^a  the  younger,  Jobn 
J^/rt,  and  Robert  IVood^  fome  or  one  of  them,  their, 
feme  or  one  of  their  heirs,  executors,  or  adminiftra- 

tors,  fliall  and  will,  on  or  before  the day  of 

next  enfuing  the  date  hereof,  well  and  truly  pay  or 
otherwife  fatisfy  and  difcharge  all  debts  whatfoever, 
contra6led  by  and  now  due  and  owing  from  them  the 
faid  Vb'ips  ^la  the  elder,  Fbips  ^la  the  younger, 
John  ^ia,  and  Robert  TFood^  in  partnerlhip  or  other- 
wife  in  refpecl  of  their  joint  trade  and  dealing,  and 
jr  fball  and  will,  well  and  fuiuciently  indemnify  and  fave 
harmlefs  the  ftiid  Fbips  ^la  the  elder,  his  heirs,  exe- 
cutors, and  adminiilrators  therefrom,  and  from  and  a- 
gainO:  all  fuch  colls,  charges,  damages,  and  expenfcs, 
as  fl:iali  or  may  be  recovered  againft,  or  fuftained,  ex- 
pended, or  become  payable  by  him  or  them,  for  or  by 
reafon  or  means  of  the  non  payment  of  the  fame  debts, 
or  any  of  them,  or  for  or  by  reafon  or  meo<jis  of  his 
name  being  made  ufe  of,  in  any  aclion  or  fuit  which 
fhall  or  may  at  any  time  hereafter  be  commenced,  fu- 
ed or  profecuted  for  the  recovery  of  any  debt  or  fum  of 
money  to  them  or  any  of  them,  due  and  owing.  In, 
'  witnefs,  8cc. 

END  OF  FIRST  VOLUME. 


ADVBRfFXSBMEITT. 

The  Compilers  of  the  forms  contained  in  this  Jlppendix 
deem  it  proper  to  state,  That  when  the  Publisher  first  pro- 
jected the  publication,  it  was  his  design  to  publish  Gray- 
don's  Forms  with  additional  forms  and  notes  6f  judicial 
decisions. —  This  design  was  abandoned  upon  the  discovery 
that  a  large  proportion  of  the  former  edition  remained  on 
the  hands  of  the  venerable  editor,  and  a  determination  to 
purchase  that  edition  andpublish  an  Appendix  by  itself  was 
substituted,  thus  enabling  the  publisher  to  furnish  the  work 
in  complete  sets  to  those  who  had  none,  and  the  %fippcndix 
to  those  who  had  the  Book  itself.    An  alphabetical  arrange- 
ment of  the  forms  was  deemed  the  most  simple,  and  there- 
fore adopted,  although  it  is  not  in  conformity  to  that  in 
the  work  itself,  which  arranges  the  forms  under  the  titles  of 
the  respective  courts  in  which  they  are  used.    It  tvas  not 
until  they  had  advanced  into  the  work  under  a  systematic 
enquiry,  embracing  every  species  of  forms,  that  they  disco- 
vered it  would  be  impossible  to  make  a  complete  and  con- 
nected formulary  on  the  present  plan;  they  therefore  select- 
ed those  only  that  have  been  brought  into  use  since  the  pub- 
lication of  Graydon's  Forms,  and  thus  supplied  the  defi- 
ciency created  by  the  lapse  of  twenty  years, in  the  forms  of 
proceedings  in  Courts  of  Justice. 


B 


PREFACE 


The  following  Forms  of  Conveyancing  avid  other 
Instruments,  &c.  are  presented  to  the  attention  of  the 
young  Conveyancer,  in  the  hope  that  they  may  be 
useful  to  him,  and  aid  his  labours — particularly  in  re- 
lation to  the  important  subject  o[  Deeds  of  Trust. 

It  seems  hardly  necessary  to  remark,  that  the  crea- 
tion of  Trusts,  by  Deed  or  Will,  may  embrace  with- 
in their  control,  all  the  objects  which  a  prudent  fore- 
sight may  dictate  as  desireable ;  and  may  be  diversified, 
in  their  manner,  to  correspond  with  the  wants  and 
wishes  of  those  who  may  incline  to  make  such  settle- 
ments of  their  Estates.     The  forms  given  are  merely 
intended  to  shew  the  manner  in  which  such  objects 
can  be  attained. — To  apply  them  to  occasions  as  they 
arise,  or  to  vary  the  form  of  their  matter  in  strict 
adaptation  to  the  exigencies  of  each  respective  case  as 
it  occurs,  is  the  business  of  the  skilful  and  discrimi- 
nating Conveyancer.     He  will  also  bear  in  mind  that 
their  whole  security  rests  on  settled  legal  principles; 
and  that,  however  varied  may  be  the  objects  of  Trusts, 
or  for  whatever  purposes  created,  they  should  always 
be  penned  with  reference  to  and  in  conformity  with 
these  principles. 


OF    PRACTICE. 

IN 

CONVEVANCZNG. 


In  Pennsylvania,  the  title  Deeds  are  uniformly  retained  by 
the  Vendor,  after  he  has  conveyed  to  a  purchaser  a  ^jwW  only 
of  the  property  held  under  them— and  it  is  not  usual  for  the 
Vendor  to  furnish,  or  even  to  covenant  to  furnish,  Copies  either 
attested  or  official.  When  this  is  done,  it  must  be  by  special 
agreement.  But  the  purchaser  of  a  part  of  the  tenements  has 
a  right  to  have  the  title  examined  by  his  own  counsel,  and  to 
require  of  the  Vendor  that  all  his  Conveyances  and  other  mu- 
niments of  title  be  put  upon  the  Record,  at  the  expense  of  the 
Vendor;  unless  such  record  have  been  previously  made.  It  is 
prudent,  however,  in  a  purchaser  to  have  an  Abstract  or  Brief 
of  the  title.— But  where  this  is  done  it  is  always  at  the  expense 
of  the  purchaser. 

It  is  usual  to  search  for  Juds;ments  and  Mortgages  against  a 
Vendor— and  in  the  case  of  judgments  it  is  prudent  not  to  lim- 
it the  Searches  to  the  time  when  he  purchased  the  Estate;  for, 
although  it  has  been  decided,  and  is  now  settled  Law,  that  a 
judgment  is  not  a  lien  on  lands  purchased  by  defendant  after 
the  judgment;  yet,  if  the  defendant  have  not  ^o/ztfy/f/e  aliened 
the  "lands  before  the  levying  of  an  Execution  under  the  judg- 
ment, they  may  be  sold'  under  the  execution.  The  Searches 
therefore  should  be  made  without  regard  to  the  time  of  pur- 
chase for  the  purpose  of  ascertaining  whether  any  Executions, 
in  such  cases,  have  been  issued,andupon  whatproperty  levied. 
Purchasers  under  sales  made  by  order  of  the  Orphans  Court, 
hold  the  Land  discharged  from  Judgments,  and  all  other  debts, 
except  Mortgages,  provided  the  proceedings  of  the  Orphans 
Court  are  strictly  regular;  and  therefore,  in  the  cases  of  such 
Sales,  it  is  not  now  usual  to  search  for  Judgments. 

But  it  is  highly  adviseable,  that  the  purchaser  should  be  sa- 
tisfied that  the  Orphans  Court  have  proceeded  in  all  parts  in 
strict  conformity  with  the  Acts  of  Assembly  giving  jurisdic- 
tion; and  in  all  cases,  without  any  exception,  searches  should 
be  made  for  Mortgages. 


OF  ACKNOWLEDGMENTS  AND  PROOFS 


OF 


eesj0,  $ct. 


^  Form  of  Acknowledgment  for  one  person. 

County  of  Philadelphia,  ss. 

The — day  of — A.  D.  1830  Before  me  the  subscriber  one 
of  the  Justices  of  the  Peace  in  and  for  the  County  aforesaid 
personally  came  the  within  named  A  B  and  in  due  form  of 
Law  acknowledged  the  within  written  Indenture  to  be  his 
Act  and  Deed  and  desired  the  same  might  be  recorded  as  such. 
Witness  my  hand  and  seal  the  day  and  year  aforesaid,      (l.s.) 

Form  ofJlcknowledgment  by  virtue  of  a  Letter  ofJittorney. 

City  of  Philadelphia,  ss. 

The— day  of— A.  D.  1830  Before  me— Esquire  Mayor 
of  the  said  City  personally  came  the  above  named  E  F  and  in 
his  own  name  and  in  the  names  of  his  Constituents  the  above 
named  A  B  and  C  D  in  due  form  of  liaw  acknowledged  the 
above  written  Indenture  or  Deed  of  Conveyance  to  be  his 
own  Act  and  Deed  and  the  Act  and  Deed  of  his  Constituents 
the  said  A  B  and  C  D  by  him  the  said  E  F  done  and  executed 
by  virtue  of  a  Letter  of  Attorney  to  him  for  that  purpose  grant- 
ed and  desired  the  same  might  be  recorded  as  such  Witness 
my  hand  and  seal  the  day  and  year  aforesaid.  (l.  s.) 

A  good  form  of  Acknowledgment  by  Husband  and  Wife. 

City  of  Philadelphia,  ss. 

The— day  of— A.  D.  1830  before  me  the  subscriber  one  of 
the  Aldermen  of  the  said  City  personally  appeared  the  above 
(or  within)  named  A  B  and  C  his  wife  and  in  due  form  of 
Law  acknowledged  the  above  (or  within)  written  Indenture 
to  be  their  Act  and  Deed  and  desired  the  same  might  be  record- 
ed as  such  and  the  said  C  being  of  full  age  and  separate  and 
apart  from  her  said  Husband  by  me  thereon  privately  exam- 
ined and  the  full  contents  of  the  above  (or  within)  Deed  be- 
ing by  me  first  made  known  imto  her  did  thereupon  declare 
and  say  that  she  did  voluntarily  and  of  her  own  free  will  and 
accord  sign  seal  and  as  her  Act  and  Deed  deliver  the  above  (or 
within)  written  Indenture  Deed  or  Conveyance  without  any 
coercion  or  compulsion  of  her  said  husband  Witness  my  hand 
and  seal  the  day  and  year  aforesaid  (i..  s.) 


ACKNOWLEDGMENTS    AND    PROOFS.  7 

Forms  of  Proof  of  execution  of  Deeds. 

City  of  Philadelphia,  ss. 

ce  it  remembered  that  on  the — day  of — in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  thirty  before  me  P  C 
Esq-  one  of  the  Aldermen  of  the  said  City  personally  came  A 
B  of  the  said  City  merchant  one  of  the  subscribing  witnesses 
to  the  execution  of  the  within  written  Indenture  and  on  his 
solemn  affirmation  according  to  Law  doth  declare  and  say  that 
he  did  see  C  D  the  Grantor  within  named  seal  and  as  his  Act 
and  Deed  deliver  the  within  written  Indenture  Deed  or  Con- 
veyance for  the  uses  and  purposes  therein  mentioned — that  he 
did  also  see  E  F  subscribe  his  name  thereunto  as  the  other 
witness  of  such  sealing  and  delivery  and  that  the  name  of  this 
affirmant  thereunto  set  and  subscribed  as  a  witness  is  of  this 
affirmant's  own  proper  and  respective  hand  writing 

Affirmed  and  subscribed  the  day")  A  B 

ami  year  aforesaid  before  me    y 
Witness  my  hand  and  seal 

P  C  Alderman      (Seal) 

■Another  form  of  Proof. 

County  of  Philadelphia,  ss. 

Be  it  remembered  that  on  the — day  of — in  the  year  of  our 
Lord  1830  before  me  A  B  one  of  the  Justices  of  the  Peace  in 
and  for  the  County  aforesaid  personally  came  C  D  of — and  on 
his  solemn  affirmation  according  to  Law  doth  declare  and  say 
that  he  was  present  and  did  see  E  F  of  the  Township  of  Penn 
in  the  County  aforesaid  carpenter  the  Grantor  in  the  within 
Indenture  named  sign  seal  and  as  his  Act  and  Deed  deliver  the 
within  written  Indenture  Deed  or  Conveyance  for  the  uses  and 
purposes  therein  mentioned — that  the  same  was  so  signed  seal- 
ed and  delivered  in  the  presence  of  G  H  of  the  City  of  Phila- 
delphia Bricklayer  and  of  this  affirmant — that  the  name  E  F 
set  and  subcribed  to  the  said  Indenture  as  the  party  executing 
the  same  is  of  the  proper  hand  writing  of  the  said  E  F — and 
that  the  names  G  H  and  C  D  also  set  and  subscribed  to  the 
said  Indenture  as  the  witnesses  attesting  the  due  execution 
thereof  are  of  the  respective  proper  hands  writing  of  the  said 
G  H  and  of  this  affirmant 

Affirmed  and  subscribed  the  day  7  C   D 

and  year  aforesaid  before  me     3 
Witness  my  hand  and  seal 

A  B  Justice  of  tlie  Peace     (Seal) 

Deeds  conveying  lands  in  Pennsylvania,  made  and  executed 
within  the  state,  may  be  acknowledged  or  proved  before  any 
Judge  of  the  Supreme  Court,  or  the  President  or  Associate 
Judge  of  the  Court  of  Common  Pleas  in  any  County,  or  the 
Mayor  or  Recorder  of  the  Cities  of  Philadelphia,  Lancaster, 


3  ACKNOWLEDGMENTS   AND   PROOFS. 

Harrisburg,  or  Pittsburg;,  or  an}'  Alderman  of  the  said  Cities, 
or  Justice  of  the  Peace  of  any  County.  If  made  and  executed 
out  of  the  state  and  within  the  United  States,  they  may  be  ac- 
knowledged or  proved  before  any  Mayor,  Chief  Magistrate,  or 
ofiiccr  of  the  City,  T  own,  or  place  where  such  Deeds  or  Con- 
veyances are  or  shall  be  made  or  executed,  and  certified  under 
the  common  or  public  seal  of  such  City,  Town  or  place,  or  be- 
fore one  of  the  Judges  of  the  Supreme  Court  of  the  United 
States,  or  before  a  Judge  of  the  District  Court  of  the  United 
States,  or  before  any  one  of  the  Judges  or  Justices  of  the  Su- 
preme or  Superior  Court  or  Courts  of  Common  Pleas  of  any 
state  or  territory  within  the  United  States,  and  so  certified  un- 
der the  hand  of  said  Judge  and  seal  of  the  Court* — or  before 
any  Commissioner  residing  out  of  the  State  of  Pennsyjvania, 
and  in  any  other  of  the  United  States,  or  in  the  District  of  Co- 
lumbia, authorized  for  that  purpose  by  the  Governor  of  this 
Commonwealth.t  If  made  and  executed  in  any  foreign  State, 
they  may  be  acknowledged  or  proved  before  any  Mayor,  or 
Chief  Magistrate,  or  officer  of  the  Cities,  Towns,  or  places, 
where  such  Deeds  or  Conveyances  are  or  shall  be  made  or  exe- 
cuted, and  certified  under  the  common  or  public  Seal  of  such 
Cities,  Towns,  or  places;  or  before  any  Consul  or  Vice-consul 
of  the  United  States,  duly  appointed  for  and  exercising  consu- 
lar functions  in  the  State,  Kingdom,  Country,  or  place  where 
such  Deeds  or  Conveyances  &c.  may  or  shall  he  made  and  ex- 
ecuted, and  certified  under  the  public  official  Seal  of  such  Con- 
sul or  Vice-consul  of  the  United  States. 

The  recording  of  a  Deed  defectively  proved  or  acknowledg- 
ed is  not  constructive  notice  to  a  subsequent  purchaser.  It  is 
therefore  important  that  it  be  done  before  the  proper  Officer — 
and  as  this  is  an  essential  part  of  the  due  execution  of  every 
deed  it  should  never  Ijc  omitted — and  in  the  case  of  every  deed 
conveying  the  lands  of  husband  and  wife,  although  executed 
by  the  wife  together  with  her  husband,  if  not  acknowledged 
by  her,  according  to  the  Act  of  Assembl}'^,  she  is  not  barred  of 
her  dower  or  her  Estate  in  the  Lands. 

*It  h:is  however  been  held  that  "an  Acknowledgment  before  two  Justices 
of  t!ie  County  of  B  in  another  vState,  accompanied  bj'  the  Certificate  of 
the  Clerk  of  the  County  Court,  under  the  seal  of  the  Court,  that  the  persons 
who  took  the  Acknowlcdg-ment  were  Justices  of  the  Peace,  and  that  there 
were  no  magistrates  superior  to  them  in  B  county,"  is  a  good  acknowledg- 
ment under  the  third  section  of  the  Act  of  Assembly  of  24  February,  1770. 
5  Binncy,  296—3  Yeates,  424. 

t  The  power  of  these  Commissioners  under  the  Act  of  Assembly  enti- 
tled "  An  act  to  authorize  the  appointment  of  Commissioners  to  take  the 
acknowledgment  of  Deeds  and  Instniments  of  writing  under  seal,"  passed 
the  fourteenth  day  of  April  1828,  does  not  extend  to  authorize  them  to  take 
the  separate  exaviination  of  Femmes  covert.  The  power  is  limited  to  "Ac- 
knowledgments and  proof  of  execution" — and  has  no  express  reference 
whatever  to  Cowceyaiices  by  fernvvet  covert.  It  is  therefore  believed,  and 
with  good  reason,  that  Deeds  so  acknowledged  will  not  pass  the  Estates  of 
f emmet  covert. 


Bertr.^  of  Etmt 


In  f  rust  for  Creditors. 

This  Indenture  made  the — day  of— in  the  year  of  our  Lord 

&:c.  Between  Joseph  George  of of  the  one  part  and  John 

liee  of — of  the  other  part    Whereas  the  said  Joseph  George 
has  incurred  debts  which  b}^  reason  of  sundry  misfortunes  in 
trade  he  is  at  present  unable  to  discharge  and  being  desirous  of 
giving  to  his  Creditors  all  the  satisfaction  tliat  lays  in  his  power 
Now  therefore  this  Indenture  witnesscth  that  the  said  Joseph 
George  as  well  in  consideration  of  the  premises  as  also  of  the 
sum  of  one  Dollar  lawful  money  of  the  United  States  to  him  in 
hand  well  and  truly  paid  by  the  said  John  Bee  at  the  time  of 
the  execution  hereof  the  receipt  whereof  is  hereby  acknow- 
ledged hath  and  by  these  presents  doth  grant  bargain  and  sell 
release  and  confirm  assign  transfer  and  set  over  unto  the  said 
John  Bee  his  heirs  executors  admJtiistrators  and  assigns  all  and 
singular  his  the  said  Joseph  George's  messuages  lots  of  ground 
lands  tenements  and  hereditaments  goods  and  chattels  debts 
and  effects  and  generally  all  and  singular  his  estate  real  per- 
sonal and  mixed  whatsoever  and  wheresoever  To  have  and  to 
hold  the  same  to  the  said  John  Bee  his  heirs  executors  ad- 
ministrators and  assigns  to  and  for  his  and  their  proper  use 
and  behoof  forever  In  Trust  nevertheless  and  to  the  intent  and 
purpose  that  he  the  said  John  Bee  his  heirs  executors  admi- 
nistrators or  assigns  shall  and  will  as  soon-as  reasonably  may  be 
convert  all  and  singular  the  said  hereby  granted  and  assigned 
premises  into  money  and  for  that  purpose  shall  and  will  bar- 
gain and  sell  and  absolutely  dispose  of  all  and  singular  the  said 
messuages  lots  lands  tenements  hereditaments  and  Real  Instate 
and  also  the  said  goods  chatties  and  personal  Estate  hereby 
granted   and  assigned   unto  any   person  or  persons  and  for 
the  best  price  or  prices  that  can  reasonably  be  had  or  gotten 
for  the  same  either  at  public  or  private  sale  or  sales  in  his  dis- 
cretion and  grant  convey  and  assure  the  said  real  estate  and  the 
absolute  fee  simple  and  inheritance  thereof  unto  the  purchas- 
er or  purchasers  thereof  and  his  her  or  their  heirs  and  assigns 
forever  and  that  he  the  said  John  Bee  his  heirs  executors  ad- 
ministrators or  assigns  shall  and  will  pay  and  distribute  the  pro- 
ceeds of  suoh  sales  together  Avith  all  other  moneys  which  shall 
come  to  his  or  their  hands  by  virtue  of  these  presents  (all  his 
and  their  reasonable  costs  charges  and  expenses  being  thereout 
first  deducted)  to  and  amongst  all  and  singular  the  Creditors  of 
the  said  Joseph  George  in  an  equal  and  rateable  manner  ac- 

C 


10  DEEDS  OF   TRUST. 

cording  to  the  amount  of  their  respective  debts  yielding  the 
overplus  if  any  to  him  the  said  Joseph  George  his  executors 
or  administrators  [or  to  and  amongst  all  such  of  the  Creditors 
of  the  said  Joseph  George  who  reside  m  Europe  as  shall  within 
— from  and  next  after  the  date  hereof  and  all  such  others  of  the 
Creditorsof  the  said  Joseph  George  who  reside  in  the  Unit- 
ed States  as  shall  within — from  and  next  after  the  date  hereof 
execute  and  deliver  to  the  said  Joseph  George  a  fidl  and  gen- 
eral Release  of  all  their  respective  claims  and  demands  in  an 
equal  and  rateable  manner  according  to  the  amount  of  their 
respective  debts  yielding  the  overplus  if  any  to  him  the  said 
Joseph  George  his  executors  or  administrators.] 

Or  thus  "  in  the  first  place  to  the  payment  of  the  debts  of 
"  the  said  Joseph  George  due  or  owing  on  Custom  house  bonds 
"and  the  surplus  to  and  amongst  all  such  of  the  Creditors  of 
"the  said  Joseph  George  that  reside  within  the  United  States 
"of  America  as  shall  within  four  months  from  and  next  af- 
"  ter  the  date  hereof  come  in  and  claim  the  benefit  of  this  as- 
"  signment  and  sign  and  execute  a  general  Release  of  all  fu- 
"ture  claim  or  demand  against  the  person  and  property  of  the 
"  said  Joseph  George  except  only  the  Bank  of  the  United  States 
"and  the  I3ank  of  Pennsylvania  who  although  they  do  not 
"  execute  the  said  release  are  nevertheless  to  be  entitled  to 
*'  have  and  receive  a  diA^idend  or  dividends  under  this  assign- 
"  ment  and  to  and  amongst  all  such  others  of  the  Creditors  of 
"  the  said  Joseph  George  that  reside  in  Europe  or  elsewhere 
"  out  of  the  United  States  of  America  as  shall  within  eight 
"months  from  and  next  after  the  date  hereof  come  in  and 
"claim  the  benefit  of  this  assignment  and  sign  and  execute  a 
"  release  of  all  future  claim  or  demand  against  the  person  and 
"  property  of  the  said  Joseph  George  in  an  equal  and  rateable 
"manner  according  to  the  amount  of  their  respective  debts 
"yielding  the  overplus  if  any  overplus  shall  remain  after  his 
"  debts  due  and  o\Ving  on  Custom  house  Bonds  and  after  all 
*'and  singular  the  Creditors  of  the  said  Joseph  George  who 
"  shall  entitle  themselves  to  the  benefit  of  this  assignment  and 
"the  Banks  aforesaid  shall  have  been  fully  paid  unto  him  the 
"said  Joseph  George  his  executors  or  administrators'' 

And  the  said  Joseph  George  doth  hereby  make  ordain  con- 
stitute and  appoint  the  said  John  Bee  his  executors  and  ad- 
ministrators his  true  and  lawful  Attornies  irrevocable  with 
full  power  and  authority  for  and  in  tlije  name  of  him  the  said 
Joseph  George  or  in  his  and  their  own  name  or  names  or  oth- 
wise  but  nevertheless  to  and  for  the  uses  intents  and  purposes 
aforesaid  to  ask  demand  sue  for  recover  and  receive  of  and 
from  all  and  every  person  and  persons  whom  it  may  concern 
all  and  every  the  debt  and  debts  sum  and  sums  of  money 
goods  chattels  effects  and  demands  whatsoever  due  owing  pay- 
able or  any  way  belonging  to  the  said  Joseph  George  and 


DEEDS  OF  rnusT.  11 

hereby  assigned  or  meant  or  intended  so  to  be  and  on  receipt 
thereof  to  ^ive  good  and  sufTicient  acquittances  and  discharges 
for  the  same  and  to  do  and  execute  all  acts  matters  and  things 
in  Deed  or  in  Law  as  shall  be  necessary  for  cfl'ecting  the  pre- 
mises and  hereby  ratifying  and  confirming  all  and  whatsoever 
his  said  Attorney  or  Attorneys  or  his  or  their  substitute  or 
substitutes  shall  lawfully  do  therein  by  virtue  hereof  In  wit- 
ness &.C. 

Voluntary  assignments  will  not  bar  Dower,  unless  the  wife 
of  the  assignor  join  in  and  acknowledge  the  deed. 

A  Schedule  or  Inventory  of  all  the  property  real  personal 
or  mixed  should  be  endorsed  upon,  or  annexed  to,  the  deed, 
and  signed  by  the  assignor,  at  the  time  of  the  execution  of 
the  Deed. 

The  following  Section  of  the  Act  of  Assembly,  entitled  "A 
"Supplement  to  the  Act  entitled, an  Act  to  compel  Assignees 
"  to  settle  their  Accounts,  and  for  other  purposes,"  passed  the 
fourteenth  day  of  April,  1828,  is  subjoined  for  the  purpose  of 
showing  the  duties  of  assigness  under  voluntary  assignments. 

Sect.  4.  "That  in  all  cases  where  any  person  or  persons 
"  may  hereafter  make  or  execute  any  voluntary  assignment  of 
^*  his  her  or  their  estate  real  personal  or  mixed  or  any  part  therof 
"  to  any  person  or  persons  in  trust  and  for  the  use  of  his  her  or 
"  their  creditors  such  assignee  or  assignees  shall  within  thirty 
"days  from  the  execution  of  said  deed  of  assignment  file  an 
*«  inventory  or  schedule  of  all  the  property  real  personal  or 
"'  mixed  thus  assigned  to  him  or  them  in  the  ofllce  of  the  Prc- 
"  ihonotary  of  the  Court  of  Common  Pleas  of  the  proper  county 
"  which  said  inventory  or  schedule  shall  contain  the  appraised 
"  value  of  the  said  property  thus  assigned  and  the  said  appraise- 
"  ment  and  valuation  shall  be  made  by  two  disinterested  citizens 
"  of  said  county  and  shall  be  certified  by  them  on  oath  or  affir- 
"  mation  taken  before  the  said  Prothonotary  at  the  time  of  the 
*' filing  of  the  said  inventory  or  schedule  and  the  said  assignee 
"  or  assignees  shall  as  soon  as  the  said  schedule  or  inventory 
"  shall  be  filed  in  the  manner  aforesaid  give  bond  with  two 
"  sufficient  sureties  to  be  approved  of  by  one  of  the  Judges  of 
"the  Court  of  Common  Pleas  of  said  county  which  said  bond 
"  shall  be  executed  to  the  Commonwealth  of  Penns3'lvania  for 
"the  use  of  all  the  creditors  interested  in  the  estate  of  such 
"  assignor  in  double  the  amount  of  the  appraised  value  of  such 
"estate  the  condition  of  suoh  bond  shall  be  as  follows,  viz. — 
"  The  condition  of  this  obligation  is  such  that  if  the  above 
"bounden  A  B  assignee  of  C  D  has  complied  and  will  in  all 
"things  comply  with  the  provisions  of  the  Act  entitled  'An 
" '  Act  to  compel  Assignees  to  settle  their  accounts  and  for 
" '  other  purposes'  and  the  supplements  thereto  and  shall  faith- 
"  fully  execute  the  trust  confided  to  him  then  the  above  obli- 
"  gation  to  be  void  and  of  none  effect  or  else  to  be  and  remain 
"  in  full  force  and  virtue. 


12  DEEDS    OF    TUUST. 

The  Assignee  or  Assignees  should  sign  a  covenant,  at  the 
foot  or  on  the  back  of  the  Deed,  accepting  the  trust.  This  is 
variously  done  sometimes  thus  "  I  (or  we  as  the  case  may  be) 
accept  the  above  (or  the  within)  Trust"  or  "  We  the  under- 
signed Trustees  named  in  the  above  (or  within  )  Indenture  do 
hereby  accept  the  trust  therein  declared" 

AHassignments  must  be  recorded  in  the  OIBce  for  recording 
of  Deeds  in  the  Coiiniy  in  ivhich  the  assignor  resides  within 
thirty  days  after  the  execution  thereof,  or  they  will  be  null 
and  void,  as  against  any  of  the  creditors  of  the  said  assignor. 
Besides,  they  should  also  be  recorded  m  every  county  in  the 
State,  in  which  land  intended  to  be  passed  by  them,  is  situated. 

Deed  of  Trust  to  the  use  of  Grantor  and  Wife,  for  their 
several  lives;  then  to  the  use  of  their  Son  and  Daughter 
for  their  several  lives;  and.  aflerioards  the  Estate  to 
be  sold,  and  the  proceeds  divided  amongst  the  Grand- 
children. 

This  Indenture  made  the  —  day  of — in  the  year  of  our 
Lord  1830  between  A  B  of  the  city  of  Philadelphia  in  the 
State  of  Pennsylvania  merchant  and  C  his  wife  of  the  one  part 
and  D  E  of  Ihc'  same  city  Esquire  of  the  other  part  witnesseth 
that  the  said  A  B  and  C  his  wife  as  well  for  and  in  consitlera- 
tion  of  one  dollar  lawful  money  of  the  United  States  to  them 
in  hand  well  and  truly  paid  by  the  said  D  E  at  or  before  the 
sealing  and  delivery  hereof  the  receipt  whereof  they  do  hereby 
acknowledge  as  also  for  divers  other  good  and  valuable  causes 
and  considerations  them  thereunto  especially  moving  have 
granted  bargained  and  sold  aliened  enfeoffed  released  and 
confirmed  and  by  these  presents  do  grant  bargain  and  sell 
alien  enfeoff  release  and  confirm  unto  the  said  D  E  and  his 
heirs  all  that  certain  messuage  or  tenement  and  lot  or  piece  of 
ground  thereunto  belonging  situate  &,c.  together  also  with  all 
and  singular  the  buildings  improvements  v/ays  alleys  passsages 
waters  water  courses  rights  privileges  liberties  hereditaments 
and  appurtenances  whatsoever  thereunto  belonging  and  the  re- 
versions and  remainders  rents  issues  and  profits  thereof  And 
all  the  estate  right  title  interest  property  claini  and  demand 
whatsoever  of  him  the  said  A  B  and  C  his  wife  either  in  law 
or  equity  of  in  and  to  the  same  To  have  and  to  hold  all  and 
singular  the  said  hereby  granted  premises  with  the  appurte- 
*  nances  unto  the  said  D  Ehis  heirs  and  assigns  to  and  for  his 
and  their  only  proper  use  benefit  and  behoof  forever  in  trust 
nevertheless  to  and  for  the  uses  and  purposes  following  that 
is  to  say  in  trust  to  permit  and  suffer  the  said  C  wife  of  the 
said  A  iB  for  and  during  the  term  of  her  natural  life  to  occupy 
demise  or  dispose  of  the  said  premises  and  every  part  thereof 
and  to  take  receive  and  enjoy  the  rents  issues  and  profits  of 
the  same  to  and  for  her  own  sole  and  separate  useand  behoof 


DEEDS    or    r.'M 


13 


as  if  she  were  a  feme  sole  sl^c  payins;  all  inxcs  thereon  and  all 
necessary  and  proper  repairs  thereof  and  in  case  she  shall  die 
durinji;  the  life  of  the  saiil  A  B  then  from  and  immediately 
after  the  decease  of  the  said  C  in  trust  to  permit  and  suHer  the 
said  A  B  in  like  manner  for  and  dnrins;  the  term  of  his  natu- 
ral life  to  occupy  demise  or  dispose  of  the  said  premises  and 
every  part  thereof  and  to  take  receive  and  enjoy  the  rents 
issues  and  profits  of  the  same  to  and  for  his  own  proper  use 
and  hehoof  and  from  and  immediately  afier  the  death  of  the 
lon2;cst  liver  of  them  t'ne  said  A  B  and  (;  his  wife  m  trust  to 
let  "and  demise  the  same  for  the  l)cst  rent  that  can  be  p;otten 
therefor  and  the  nett  annual  rent  and  income  after  payins;  all 
taxes  and  necessary  repairs  lo  pay  apply  and  dispose  of  in 
manner  following-  that  is  to  say  one  ecpial  half  part  thereof 
to  and  for  the  maintenance  and  henedt  of  F  G  son  of  the  said 
A  B  durino-  the  term  of  his  naturul  life  in  such  way  and  man- 
ner as  that  the  same  or  any  part  thereof  shall  not  become  sub- 
ject or  liable  to  the  pavment  of  any  of  his  debts  present  or 
future  and  so  that  no  creditor  of  th'e  said  F  G  shall  ever  be 
able  to  take  seize  or  enjoy  the  same  or  any  part  thereof  and 
the  other  and  remaining*  half  part  thereof  to  and  for  the  sole 
and  separate  use  of  11  i  the  dau«;htcr  of  the  ?aid  A  B  during; 
the  term  of  her  natural  life    And  upon  this  further  trust  that 
until  the  death  of  the  longest  liver  of  them  the  said  F  G  and 
H  I  in  the  event  of  the  death  of  cither  of  tlicm  the  part  or 
share  of  him  or  her  so  dying  shall  upon  his  or  her  death  re- 
spectively leaving  issue  be  paid  applied  and  disposed  of  until 
the  death  of  the  said  longest  liver  for  the  use  and  behoof  of 
his  or  her  issue  respectively  but  if  there  shall  be  no  such  issue 
or  if  the  same  shall  all  dicin  tine  lifetime  of  the  said  longest 
liver  then  the  said  part  or  share  of  him  or  her  so  dying  shall 
until  the  death'of  such  longest  liver  be  paid  and  applied  to  and 
for  the  use  of  such  longest  liver    And  upon  this  further  trust 
that  from  and  immediately  after  the  death  of  the  longest  liver 
of  them  the  said  F  G  and  11  I  to  let  demise  and  dispose  of  the 
said  premises  and  every  part  thereof  for  the  best  rent  that  can 
be  gotten  therefcr  and  the  nett  annual  rent  and  income  after 
paying  all  taxes  and  necessary  repairs  to  pay  apjily  and  dis- 
pose of  to*  and  among  the  children  then  living  of  the  said  F  G 
and  H  I  respectively  and  the  issue  of  such  as  may  be  dcad^ 
until  the  youngest  of  such  children  shall  attain  the  age  of 
twenty-one  years  each  of  such  children  to  take  one  part  or 
equal  share  and  the  issue  of  any  deceased  child  or  children  to 
take  equally  amongst  them  the  part  or  share  that  his  her  or 
their  parent  wouUl  have  taken  if  living    And  on  the  arrival 
of  the  youngest  of  the  said  children  at  the  age  of  twenty-one 
vears  then  upon  this  further  trust  to  bargain  and  sell  and  ab- 
solutely dispose  of  the  said  premises  and  every  part  thereof 
and  to  grant  convey  and  assure  the  same  and  the  al)soIute  lee 
simple  and  inheritance  thereof  unto  any  person  or  persons 


14  DEEDS    or    TRUST. 

willing  to  purchase  the  same  for  the  best  price  that  can  be 
gotten  either  at  public  or  private  sale  or  sales  and  his  her  or 
their  heirs  and  assigns  for  ever  in  fee  simple  free  and  dis- 
charged of  and  from  any  manner  of  trust  or  limitation  what- 
ever'and  the  nett  proceeds  of  such  sale  or  sales  to  divide  and 
distribute  equally  among  all  the  then  surviving  children  of 
the  said  F  G  and  H  I  and  the  issue  of  such  as  may  be  then 
dead  part  and  share  alike  so  always  hov/ever  that  each  of  such 
surviving  children  shall  take  in  chief  or  per  capita  and  such 
issue  shall  take  together  in  equal  parts  the  share  that  his  her 
or  their  parent  would  have  taken  if  then  living 
In  witness  whereof  &c 

Deed  of  Trust  from  Husband  and  Wife,  for  the  Wife^s 
Estate,  limiting  the  use  to  the  Wife  for  life;  remainder 
to  the  uses  of  her  Will,  and  in  default  of  a  Will,  to  such 
persons  as  at  her  death  may  be  her  Heirs,  with  powers  of 
revocation  and  declaration  of  new  uses. 

This  Indenture  made  the  —  day  of  —  in  the  year  of  our 
Lord  1830  between  A  B  of  the  city  of  Philadelphia  merchant 
and  C  his  wife  of  the  one  part  and  D  E  of  the  same  city 
Esquire  of  the  other  part  Witnesseth  that  the  said  A  B  and  C 
his  wife  as  well  for  and  in  consideration  of  one  dollar  lawful 
money  of  the  United  States  to  them  in  hand  well  and  truly 

Eaid  by  the  said  D  E  at  or  before  the  sealing  and  delivery 
ereof  the  receipt  whereof  they  do  hereby  acknowledge  as 
also  for  divers  other  good  and  valuable  causes  and  considera- 
tions them  thereunto  especially  moving  have  granted  bar- 
gained and  sold  aliened  enfeoffed  released  and  confirmed  and 
by  these  presents  do  grant  bargain  and  sell  alien  enfeoff  re- 
lease and  confirm  unto  the  said  D  E  his  heirs  and  assigns  All 
that  certain  messuage  or  tenement  and  lot  or  piece  of  ground 
thereunto  belonging  situate  &.c  [being  the  same  premises  which 
F  G  of  the  said  city  merchant  by  Indenture  bearing  data  the 
fourth  day  of  October  one  thousand  eight  hundred  and  six  re- 
corded in  the  office  for  recording  of  Deeds  for  the  city  and 
county  of  Philadelphia  in  Deed  Book  &c  granted  and  con- 
veyed unto  H  I  then  of  the  said  city  merchant  (who  was  the 
father  of  the  said  C  the  wife  of  the  said  A  B  parties  hereto)  in 
fee  And  the  said  H  I  lately  died  seised  thereof  having  first 
by  his  last  will  and  testament  in  writing  bearing  date  the 
tenth  day  of  September  1829  duly  proved  and  remaining  of 
record  in  the  Register's  office  at  Philadelphia  devised  the 
same  to  his  daughter  the  said  C  (the  wife  of  the  said  A  B)  in 
fee]  Together  also  with  all  and  singular  the  buildings  and 
improvements  ways  alleys  passages  waters  water  courses 
rights  liberties  privileges  hereditaments  and  appurtenances 
whatsoever  thereunto  belonging  And  the  reversions  and  re- 
mainders rents]  issues  and  profits  thereof  and  all  the  estate 


DEEDS    GF    TRUST. 


15 


ri'^ht  title  interest  property  claim  and  demand  whatsoever  of 
them  the  said  A  B  and  C  "his  wife  either  in  law  or  equity  of 
in  and  to  the  same  To  have  and  to  hold  the  said  messuage  or 
tenement  and  lot  or  piece  of  ground  hereditaments  and  pre- 
mises hereby  granted  or  mcniioncd  or  intended  so  to  be  with 
the  appurtenances  unto  the  said  1)  E  his  heirs  and  assigns  to 
and  for  his  and  their  only  proper  use  and  behoof  for  ever  In 
trust  neverlhelcss  to  and  for  the  uses  intents  and  purposes 
following  that  is  to  say  In  trust  to  and  for  the  sole  and  separate 
use  of  the  said  C  wife  of  the  said  A  B  for  and  during  all  the 
term  of  her  natural  life  and  to  permit  and  sufler  the  said  C 
for  and  diiring  the  term  of  her  natural  life  to  occupy  let  and 
demise  the  said  premises  and  every  part  thereof  and  to  take 
receive  and  enjoy  the  rents  issues  and  profits  of  the  same  to 
and  for  her  ow'n  sole  and  separate  use  and  behoof  as  if  she 
were  a  feme  sole  she  paying  all  the  taxes  thereon  and  all 
necessary  and  proper  repairs  thereof  And  from  and  imme- 
diately after  the  decease  of  the  said  C  then  to  grant  and  con- 
vey the  said  premises  and  every  part  thereof  unto  such  person 
or  persons  and  for  such  estate  and  estates  and  interests  as  she 
the  said  C  by  her  last  will  and  testament  or  by  any  writing  in 
the  nature  of  a  last  will  and  testament  by  her  signed  and 
sealed  in  the  presence  of  at  least  two  credible  witnesses  who 
shall  attest  the  same  by  subscribing  their  names  thereto  as 
witnesses  shall  order  direct  limit  and  appoint  and  for  want  of 
such  last  will  or  appointment  then  to  grant  and  convey  the 
said  premises  and  every  part  thereof  unto  such  person  and 

Eersons  as  at  the  decease  of  the  said  C  shall  and  may  be  her 
eirs  and  legal  representatives  and  in  such  parts  shares  and 
proportions  as  such  person  and  persons  shall  be  entitled  to  ac- 
cording to  the  laws  of  Pennsylvania  regulating  the  descent  of 
real  estate  in  case  of  intestacy — Provided  always  nevertheless 
and  it  is  hereby  further  declared  and  agreed  by  and  between 
all  the  said  parties  to  these  presents  tliat  it  shall  and  may  be 
lawful  to  and  for  the  said  C  whether  covert  or  sole  at  any 
time  or  times  hereafter  by  any  writing  or  writings  under  her 
hand  and  seal  and  attested  by  two  or  more  credible  witnesses 
to  alter  revoke  annul  and  destroy  all  and  every  the  trusts 
hereby  created  and  to  declare  direct  and  appoint  such  other 
trusts  of  and  concerning  the  said  trust  estate  or  of  any  part  or 
arcel  thereof  as  she  shall  choose  or  think  proper  any  thing 
erein  before  contained  to  the  contrary  thereof  in  any  wise 
notwithstanding    In  wit-ness  Sec 


i;, 


Deed  made  in  pursuance  of  the  ■powers  reserved  in  the 
foregoing  Deed,  to  revoke  the  old  and  declare  new  uses. 

I'his  Indenture  made  the  —  day  of — in  the  year  of  our  Lord 
1830  between  CB  wife  of  A  B  of  the  one  part  and  D  E  of  the 
other  part  Whereas  the  said  A  B  and  C  his  wife  in  and  by  a 


16  DEEDS    Oi-    TUUST. 

certain  Indenture  bearins;  date  the  —  day  of —  last  past  for  the 
considerations  therein  mentioned  did  ,:^rant  convey  and  confirm 
unto  the  said  D  K  his  heirs  and  assigns-  all  that  certain  mes- 
suage or  tenement  and  lot  or  piece  of  ground  thereunto  be- 
longing situate  &c  together  with  the  appurtenances  to  hold  to 
him  the  said  D  E  his  heirs  and  assigns  for  ever  In  trust  ne- 
vertheless to  and  for  the  uses  intents  and  purposes  therein 
particularly^  mentioilfed  set  forth  and  declared  with  a  proviso 
therein  contained  in  the  words  following  that  is  to  say  "  that 
"  it  shall  and  may  be  lawful  to  and  for  the  said  C  whether 
"  covert  or  sole  at  any  time  or  times  hereafter  hy  any  writing 
"  or  writings  under  her  hand  and  seal  and  attested  by  two  or 
"  more  credible  witnesses  to  alter  revoke  annul  and  destroy 
'•  all  and  every  the  trusts  thereby  created  and  to  declare  direct 
"  and  appoint  such  other  trusts  of  and  concerning  the  said 
"  trust  estate  or  of  any  part  or  parcel  thereof  as  she  shall  choose 
'•'  or  think  proper  any  thing  herein  before  contained  to  the 
**  contrary  thereof  in  any  wise  notwithstanding"  as  in  and  by 
the  said  recited  Indenture  recorded  in  the  office  for  recording 
of  Deeds  in  and  for  the  city  and  county  of  Philadelphia  in 
Deed  Bock  &lc  reference  being  thereunto  had  will  more  fully 
and  at  large  appear  Now  this  Indenture  witnesseth  that  the 
said  C  B  in  pursuance  and  execution  and  by  virtue  of  the 
power  and  authority  reserved  to  her  in  and  by  the  above  recited 
Indenture  to  alter  revoke  annul  and  destroy  all  and  every  the 
trusts  thereby  created  hath  thought  proper  in  executimi  of  the 
said  power  to  revoke  annul  and  destroy  and  hereby  doth  re- 
voke annul  and  destroy  all  and  every  the  trusts  thereby  cre- 
ated and  in  lieu  thereof  doth  by  these  presents  declare  direct 
and  appoint  new  trusts  in  the  manner  and  for  the  uses  and 
purposes  herein  after  mentioned  that  is  to  say  that  the  said  D  E 
his  heirs  and  assigns  shall  stand  seised  of  the  said  premises 
herein  before  described  in  trust  to  and  for  the  sole  and  separate 
use  of  the  said  C  for  and  during  ail  the  term  of  her  natural 
life  and  to  permit  and  suffer  the  said  C  and  her  assigns  for  and 
during  the  term  of  her  natural  life  to  occupy  let  and  demise 
the  said  premises  and  every  part  thereof  and  to  take  receive 
and  enjoy  the  rents  issues  and  profits  of  the  same  to  and  for 
her  own  sole  and"  separate  use  and  behoof  as  if  she  were  a 
>  feme  sole  she  paying  all  taxes  thereon  and  all  necessary  and 
proper  repairs  thereof  or  at  the  request  of  the  said  C  in  writ- 
mg  at  anj^  time  hereafter  to  sell  and  dispose  of  the  said  pre- 
mises or  any  part  thereof  and  to  grant  and  convey  the  same 
or  any  part  "thereof  unto  the  purchaser  or  purchasers  thereof 
his  her  or  their  heirs  and  assigns  for  ever  in  fee  simple  free 
and  discharged  of  and  from  any  manner  of  trust  or  limitation 
whatever  and  to  pay  and  apply  the  money  arising  from  such 
sale  to  and  for  such  uses  and  purposes  as  she  the  said  C  in 
writing  shall  or  may  from  time  to  time  direct  limit  or  appoint 
and  for  want  of  such  sale  convc}'ance  and  disposition  then 


DEEDS    OF    TIIUST.  17 

from  and  after  the  decease  of  the  said  C  in  trust  to  g;rant  and 
convey  the  said  premises  or  such  part  thereof  as  shall  remain 
unsolil  and  undisposed  of  to  such  person  or  persons  as  at 
the  decease  of  the  said  C  shall  and  may  he  her  heirs  and  legal 
representatives  and  in  sucii  parts  shares  and  proportions  as 
such  person  and  persons  shall  he  entitled  to  aocordini;  to  the 
laws  of  Pennsylvania  regidatino;  the  descent  of  real  estate  in 
case  of  intestacy     In  witness  whereof  &c. 

Signetl  sealed  and  delivered 7 
in  the  presence  of  us        3 
Let  the  execution  be  proved  by  one  of  the  subscribing  witntsses. 

Deed  of  Settlemeiit  in  consideration  of  JShtrrias^e^  limiting 
the  Estate  to  the  use  of  the  fVoman  till  Marriage,  then 
to  her  sole  and  separate  use,  Sj-c. 

This  Indenture  made  the  — day  of —  in'the  year  of  our 
Lord  1830  hctwecn  A  \l  of  the  city  of  P])iladelphia  spinster 
of  the  one  part  and  C  D  and  E  F  both  of  the  said  city  mer- 
chants of  the"  other  part  Whereas  a  marria2;e  is  intenc'ed  by 
divine  permission  to  he  had  and  solemnized  between  the  said 
A  B  and  G  H  of  the  said  city  merchant  and  it  has  been  agreed 
to  settle  the  estate  real  and  personal  of  the  said  A  B  in  the 
manner  herein  after  specified  with  the  consent  of  the  said  G  H 
which  is  testified  by  his  signing  this  indenture  as  a  witness 
Now  this  indenture  witnesseth  that  the  said  A  B  in  conside- 
ration of  such  intended  marriage  and  the  purpose  aforesaid 
and  also  in  consideration  of  one  dollar  to  her  in  hand  paid  by 
the  said  C  D  and  K  F  at  the  time  of  the  execution  hereof  the 
receipt  whereof  is  h.ereby  acknowledged  hath  granted  bar- 
gained and  sold  aliened  enfeoffed  released  and  confirmed 
assigned  transferred  and  set  over  and  by  these  presents  doth 
grant  bargain  and  sell  alien  cnfeofT release  antl  confirm  assign 
transfer  and  set  over  unto  the  said  C  D  and  E  F  their  heirs 
executors  administrators  and  assigns  all  the  estate  of  the  said 
A  B  real  and  personal  whatsoever  and  wheresoever  in  pos- 
session reversion  or  remainder  with  the  appurtenances  and 
all  the  estate  right  title  interest  property  claim  and  demand 
whatsoever  of  her  the  said  A  B  of  in  and  to  the  same  To  have 
and  to  hold  the  same  with  the  appurtenances  to  the  said  C  D 
and  E  F  their  heirs  executors  administrators  and  assigns  to 
the  use  of  them  the  said  C  D  and  E  F  their  heirs  executors 
administrators  and  assigns  for  ever  In  trust  nevertheless  that 
they  the  said  C  D  and  E  F  their  heirs  executors  administra- 
tors or  assigns  shall  pay  the  rents  issues  profits  interest  income 
and  procce(ls  thereof  to  tne  said  A  B  while  sole  and  after  her 
marriage  shall  pay  the  same  to  the  said  A  B  durin-j;  her  cover- 
ture to  her  sole  and  separate  use  and  benefit  and  if  the  said 
A  B  shall  survive  her  intended  husband  then  that  they  the 

D 


18  DEEDS    or    TRUST. 

paid  C  I")  and  E  F  their  heiis  executors  administrators  or  as- 
pi^ns  sliall  grant  and  convey  the  said  real  estate  and  assi^^n 
arid  transfer  the  said  personal  estate  to  the  said  A  B  to  the 
only  proper  use  and  behoof  of  the  said  A  B  her  heirs  execu- 
tors adn\inistrators  and  assigns  for  ever  And  if  the  said  A  B 
shall  not  survive  her  intended  husband  then  that  they  the  said 
C  D  and  E  F  tiieir  heirs  executors  administrators  or  assigns 
shall  grant  convey  and  assign  the  said  real  and  personal  estate 
to  such  peison  or  persons  and  fur  such  estate  and  estates  as 
she  the  saitl  A  B  shall  by  any  instrument  in  the  nature  of  a 
last  vviil  and  testament  under  her  hand  and  seal  executed  in 
the  presence  of  at  least  two  witnesses  who  shall  attest  the  same 
by  subscribing  the  same  as  witnesses  notvvitiistanding  her  co- 
verture direct  limit  and  appoint  And  in  case  of  no  such  ap- 
pointment and  the  death  of  the  said  A  before  her  intended 
husband  then  that  they  the  said  C  D  and  E  F  their  heirs  ex- 
ecutors administrators  or  assigns  shall  grant  convey  and  assign 
the  said  real  and  personal  estate  to  such  person  or  persons  as 
would  be  entitled  to  the  same  if  the  said  A  had  survived  her 
intended  husband  and  afterwards  died  intestate  and  in  such 
manner  and  for  such  quantity  of  estate  as  such  person  or  per- 
sons would  in  such  case  be  entitled  to  by  law  In  witness 
whereof  &.c 

Sig-ned  scaled  and  delivered") 
in  the  presence  of  us         5 
Let  the  execution  be  proved  by  one  of  the  subscribing^^  witnesses. 

Another  Deed  of  Settlement  in  consideration  of  Marriage. 

This  Indenture  made  the  —  day  of —  between  A  B  of  the 
city  of  Philedclphia  gentleman  of  the  first  part  C  D  of  the  said 
city  spinster  of  the  second  part  and  E  F  and  G  H  of  the  said 
cily  merchants  of  the  third  part  Whereas  a  marriage  is  in- 
tended by  divine  permission  to  be  had  and  solemnized  between 
the  said  A  B  and  (.'  D  and  whereas  the  said  C  D  now  standetU 
seised  in  her  demesne  as  of  fee  of  and  in  all  those  messuages 
or  tenements  and  lots  or  pieces  of  ground  situate  &c  (describe 
the  property)  together  with  the  appurtenances  and  also  of  and 
in  one  full  equal  and  undivided  fourth  part  of  and  in  all  those 
messuages  lands  &c  situate  &c  which  descended  and  canie  to 
her  as  one  of  the  tiaughters  and  heirs  at  law  of  J  D  late  of  the 
said  city  gentleman  deceased  intestate  And  whereas  the  said 
C  D  is" now  possessed  of  and  entitled  to  a  certain  mortgage 
bearing  date  the  —  day  of —  &c  recorded  at  Philadelphia  in 
mortgage  book  &c  made  and  executed  to  her  by  M  O  of  the 
said  city  merchant  for  securing  the  payment  of  the  just  sum  of 
ten  thousand  dollars  on  a  certain  day  and  time  therein  men- 
tioned together  with  lawful  interest  half  yearly  for  the  same 
and  the  said  C  IJ  is  also  entitled  to  certain  other  mortgage 


DEE03    OP    TUUST,  19 

debts  of  five  tliousanfl  dollars  and  four  lliousand  dollars  payab'e 
with  interest  and  to  fifty  shares  of  the  capital  stock  of  the  pre- 
sident directors  and  company  of  the  bank  of  —  which  are 
severally  held  by  and  in  the  name  of  the  said  K  F  in  trust  fur 
the  said  C  I)  Now  this  indenture  wilnesseth  that  the  said  C  D 
in  consideration  of  the  said  intended  marriage  and  Hir  settlinj; 
anil  assuring  all  her  estate  real  ami  personal  to  the  uses  herein 
after  mentioned  and  also  in  considriation  of  one  dollar  to  her 
in  hand  paid  by  the  said  K  F  and  Cj  11  at  the  time  of  the  ex- 
ecution hereof  the  receipt  whereof  is  hereby  ack,nowle(l5;ed 
hath  granted  bargained  and  sold  aliened  enfeoffed  released  and 
confirmed  assigned  transferred  and  set  over  and  by  these  pre- 
sents doth  grant  bargain  and  sell  alien  enfeoff  release  and 
confirm  assign  transfer  and  set  over  unto  the  said  K  F  and 
G  II  and  the  survivor  of  tluMU  and  the  heirs  executois  ad- 
ministrators and  assigns  of  such  survivor  all  and  singular  the 
aforesaid  messuages  and  lots  of  ground  lands  tenements  and 
hereditaments  and  mortgage  monies  and  interest  and  bank 
stock  aforesaid  and  all  oilier  the  estate  real  and  personal 
whereof  the  said  C  I)  or  the  said  E  F  or  any  other  person  or 
persons  in  trust  for  her  now  is  or  are  seised  or  possessed  of 
interested  in  or  entitled  unto  either  in  law  or  equity  in  pos- 
session reversion  remainder  or  expectancy  or  otherwise  how- 
soever with  the  appurtenances  and  all  the  estate  right  title 
Interest  property  claim  and  demand  wliatsocver  of  her  ilie  said 
CI)  of  in  and  to  the  sanne  To  have  and  to  hold  all  an'l  singu- 
lar the  said  hereby  granted  and  assigned  premises  with  the 
appurtenances  unto  the  said  E  F  and  G  II  and  the  survivor 
of  them  and  the  heirs  executors  atlministrators  ami  assigns  of 
such  survivor  to  their  own  proper  use  an»l  behoof  f(»r  ever  In 
trust  nevertheless  to  such  uses  upon  such  trusts  and  to  and 
for  such  intents  and  purposes  as  are  herein  after  mentioned 
expressed  and  declared  of  and  concerning  the  same  tlu.t  is  to 
sav  in  trust  to  the  use  of  the  said  C  D  until  the  solemnization 
of  the  said  intended  marriage  and  from  and  after  the  solemni- 
zation thereof  then  for  an((  tluring  the  coverture  of  the  said 
A  B  and  C  D  upon  the  following  trust  that  is  to  say  the  rents 
issues  and  profits  of  the  said  messuages  lots  lands  tenements 
hereditaments  and  real  estate  and  tlie  interests  diviilcnds  and 
income  of  the  said  mortgages  stock  and  other  personal  estate 
to  be  received  and  paid  over  by  the  said  trustees  to  the  said 
C  D  for  her  sole  and  separate  use  or  to  such  person  or  persons 
as  she  may  from  time  to  time  and  not  by  way  of  anticipation 
by  any  writing  under  her  hand  direct  and  appoint  the  said 
trustees  and  the  survivor  of  them  and  the  heirs  of  such  sur- 
vivor being  hereby  also  empowered  to  unite  in  and  efl'ect  any 
partition  or  partitions  sale  or  sales  of  the  real  estate  alore- 
said  which  now  is  undivided  or  any  part  or  parts  thereof  with 
the  other  parties  interested  ia  the  same  and  to  sell  and  con- 


20  DEEDS    OF    TRUST. 

vey  in  fee  simple  the  share  or  shares  allodnent  or  allotments 
ofher  the  said  C  D  of  and  in  the  same  and  also  to  sell  and 
convey  in  fee  simple  all  other  the  real  estate  aforesaid  whereof 
the  said  C  1)  now  is  sole  seised  as  aforesaid  and  to  invest  the 
proceeds  of  all  and  every  such  sale  and  sales  in  the  names  of 
the  said  trustees  in  niort^jages  groundrents  funded  debt  of  the 
United  States  or  of  any  State  or  city  capital  stock  of  any  bank 
or  other  incorporated  company  such  as  she  the  said  C  D  in 
vritin"-  under  her  hand  shall  or  may  direct  and  appoint  under 
the  same  trusts  as  are  herein  declared  the  interest  or  dividends 
thereof  to  be  paid  to  the  said  C  D  for  her  sole  and  separate 
use  or  to  her  order  as  aforesaid  and  to  re-invest  the  principal 
when  paid  oft'  from  time  to  time  in  the  names  of  the  said  trus- 
tees upon  the  same  trusts  and  conditions  and  in  like  manner 
as  aforesaid  and  as  for  and  concerning  the  mortgage  securi- 
ties and  bank  stock  herein  before  mentioned  held  as  well  in 
the  name  of  the  said  C  1)  as  also  in  the  name  of  the  said  E  F 
in  trust  for  the  said  C  D  it  is  hereby  declared  to  be  lier  inten- 
tion and  desire  that  these  securities  shall  be  and  remain  under 
the  same  trusts  that  are  herein  declared  until  the  same  be 
sold  or  paid  oft' the  dividends  and  interest  thereof  in  the  mean 
time  to  be  paid  to  the  said  C  1)  for  her  sole  and  separate  use 
or  to  her  order  as  aforesaid  and  that  when  the  same  shall  be 
paid  oft"  then  the  said  trustees  shall  re-invest  the  principal  in 
the  names  of  the  said  trustees  and  upon  the  trusts  herein  de- 
clared in  funded  debt  of  the  United  States  or  of  any  State  or 
city  capital  stock  of  any  bank  or  other  incorporated  company 
such  as  the  said  C  D  by  writing  under  her  hand  shall  or  may 
direct  and  appoint  and  in  like  manner  to  make  alterations  or 
chanties  or  re-investments  of  the  said  stock  from  time  to  time 
upon  the  same  trusts  and  conditions  as  may  be  deemed  neces- 
sary or  adviseable  and  from  and  immediately  after  the  death 
of  the  said  C  D  then  in  trust  to  and  for  such  person  or  per- 
sons and  for  such  estate  or  estates  and  interests  as  she  the 
said  C  1)  by  any  instrument  in  the  nature  of  a  last  will  and 
testament  shall  direct  linut  and  appoint  and  for  want  of  such 
last  will  or  appointment  then  in  trust  for  such  of  the  children 
of  the  said  C  D  to  be  hereafter  born  as  shall  be  living  at  her 
death  and  the  issue  of  such  as  may  be  then  deceased  their 
heirs  executors  administrators  and  assigns  for  ever  in  equal 
shares  as  tenants  in  common  so  always  however  that  such  issue 
of  deceased  children  if  any  shall  take  equally  among  them 
that  part  and  share  only  which  his  her  or  their  parent  would  have 
taken  if  living  and  for  want  of  such  last  will  or  appointment 
and  of  such  children  and  issue  of  such  deceased  children  then 
in  trust  to  and  for  the  right  heirs  of  her  the  said  C  D  accord- 
ing- to  the  laws  of  Pennsylvania  and  in  like  manner  as  if  all 
and  every  part  of  the  said  trust  estates  were  real  estate  at  the 
time  of  her  decease 


DEEDS    OP    TRUST.  21 

And  the  saifl  A  R  for  himself  his  Iieirs  executors  adminis- 
trators and  asti<rns  dotli  hereby  covenant  promise  and  a^ree  to 
and  with  tlie  said  K  F  and  G  II  and  (lie  survivor  (djhem  and  the 
heirs  executors  and  administrators  of  such  survivor  in  manner 
following  that  is  to  say  that  notwithstanding  the  saiil  intended 
marriage  shall  take  eHort  he  the  said  A  R  his  execuKirs  a<lmi- 
nistrators  or  assigns  shall  not  a-nd  will  not  intermeddle  with  or 
have  any  right  or  title  property  or  interest  in  law  or  equity  in 
or  to  the  messuages  lots  lands  tenements  hereditaments  and 
real  estate  hereby  granted  and  conveyed  or  in  or  to  any  part  or 
parcel  thereof  or  the  rents  issues  and  profits  thereof  or  any 
part  or  parcel  thereof  or  iti  or  to  the  mortgage  debts  and  stock 
and  other  personal  estate  hereby  assigned  but  that  the  same 
and  every  part  and  parcel  thereof  shall  be  and  remain  under 
and  subject  to  the  uses  trusts  limitations  and  conditions  herein 
before  mentioned  declared  and  provided  and  shall  always  be 
deemed  taken  and  adjudged  as  a  separate  and  distinct  estate 
apart  and  separate  from  the  estate  of  him  the  said  A  B  and 
shall  not  in  any  event  be  subject  or  liable  to  him  or  to  the  pay- 
ment of  anv  of  his  debts  present  or  future  and  further  that  he 
the  said  Ali  sliall  and  will  permit  and  sutler  the  said  C  1) 
after  the  said  intended  marriage  shall  take  eftect  to  make  a 
last  will  and  testament  or  other  writing  in  the  nature  of  a  last 
will  and  testament  and  theieby  to  give  devise  bequeath  or  or- 
der all  her  said  separate  estate  real  and  personal  to  such  per- 
son or  persons  and  for  such  estate  or  estates  and  interests  and 
subject  to  such  conditions  and  limitations  and  in  such  man- 
ner and  form  as  she  shall  think  fit  and  to  nominate  and  ap- 
point such  person  or  persons  to  be  the  executor  or  executors 
thereof  as  she  shall  think  proper  and  that  he  shall  and  will 
permit  such  will  and  testament  to  be  duly  proved  by  the  ex- 
ecutor or  executors  to  be  therein  named  and  probate  of  such 
will  and  testament  to  be  had  and  taken  as  is  usual  and  shall 
and  will  also  permit  and  suiler  the  person  or  persons  to  whom 
the  said  C  D  shall  give  devise  befjueath  or  dispose  of  her  said 
separate  estate  real  and  personal  freely  peaceably  and  quiutly 
to  have  hold  use  occupy  possess  and  enjoy  the  same  without 
any  manner  of  let  suit  trouble  molestation  hindrance  inter- 
ruption or  denial  whatsoever  by  or  from  the  said  A  15  his  heirs 
executors  administrators  or  assigns  or  any  of  them  or  by  or 
with  his  their  or  any  of  their  act  means  consent  privity  or  pro- 
curement Provided  always  nevertheless  and  it  is  hereby  fur- 
ther declared  concluded  and  agreed  upon  by  and  between  the 
said  parties  to  these  presents  that  in  the  event  of  the  death  of 
the  said  A  13  in  the  life  time  of  the  saiil  C  U  then  they  the 
said  E  F  and  G  H  and  (he  survivor  of  them  and  the  heirs  ex- 
ecutors and  administrators  of  such  survivor  shall  and  will 
thereupon  grant  convey  assign  and  assure  all  the  estates  real 
and  personal  hereby  granted  and  assigned  and  all  the  proceeds 


fid  DEEDS    OP    TRUSTS. 

thereof  unto  her  the  said  C  D  her  heirs  anil  assigns  to  and  for 
her  and  their  own  proper  and  absolute  use  and  behoof  for  ever 
free  and  discharged  of  and  from  all  manner  of  trust  and  limi- 
tation whatever  to  tlie  end  and  intent  that  the  said  C  D  and 
her  heirs  shall  in  such  event  as  aforesaid  be  re-invested  with 
the  same  as  of  her  former  estate  free  and  discharged  as  afore- 
said and  as  if  this  deed  had  never  been  made  it  being  however 
hereby  expressly  provided  agreed  and  understood  that  all  such 
acts  deeds  conveyances  matters  an<l  things  as  shall  have  been 
lawfully  done  and  performed  by  the  said  trustees  under  and 
by  virtue  of  the  trusts  aforesaid  before  the  death  of  the  said 
A  B  or  before  his  death  shall  have  been  made  known  to  them 
shall  nevertheless  be  and  remain  good  and  valid  in  law  And 
it  is  hereby  further  agreed  and  underslood  t'.iat  it  shall  be  law- 
ful for  the  said  trustees  or  either  of  them  from  time  to  time 
to  reimburse  themselves  or  himself  out  of  the  said  trust  estates 
all  necessary  and  reasonable  costs  charges  and  expenses  that 
they  or  either  of  them  shall  incur  sustain  or  be  put  unto  by 
reason  of  these  presents  and  also  a  just  and  reasonable  com- 
pensation fer  their  care  and  trouble  in  and  about  the  execution 
of  the  trust  aforesaid  and  that  neither  of  the  said  trustees  shall 
be  or  be  held  liable  or  accountable  fur  the  acts  and  deeds  of 
the  other  of  tliem  or  to  make  good  oi-  account  f(»r  any  more  of 
the  said  trust  estate  than  shall  actually  come  to  his  hands  or 
custody  And  provided  also  that  in  case  of  the  death  or  re- 
fusal to  act  of  either  of  the  said  trustees  in  the  lifetime  of  the 
said  A  B  then  it  shall  be  lawful  for  the  surviving  or  remaining 
trustee  by  and  with  the  consent  of  the  said  C  D  to  nominate  and 
appoint  some  other  fit  person  or  persons  to  be  trustee  or  trustees 
of  and  in  the  premises  in  the  stead  and  place  of  the  trustee 
so  dying  or  refusing  to  act  and  that  upon  such  nomination  and 
appointment  the  person  or  persons  so  to  be  nominated  and 
appointed  shall  from  thencefoith  be  jointly  and  equally  seised 
and  concerned  in  the  several  trusts  aforesaid  in  the  same  man- 
ner and  with  the  like  ett'ect  as  such  surviving  or  remaining 
trustee  and  the  one  so  dying  or  refusing  to  act  would  have  been 
had  be  not  died  or  refused  to  act  and  so  on  from  time  to  time 
and  as  often  as  any  trustee  or  trustees  shall  die  or  refuse  to  act 
during  the  lifetime  of  the  said  A  B  such  nomination  and  ap- 
pointment of  new  trustee  or  trustees  shall  be  made  in  manner 
ttforesaid  such  new  trustee  or  trustees  hereafter  to  be  nomi- 
nated and  appointed  as  aforesaid  to  have  the  right  and  power 
to  reimburse  himself  and  themselves  out  of  the  trust  estate 
aforesaid  all  necessary  and  reasonable  costs  charges  and  ex- 
penses which  he  or  they  shall  incur  sustain  and  be  put  unto 
by  reason  of  the  premises  and  a  just  and  reasonable  compen- 
sation for  his  or  their  care  and  trouble  in  and  about  the  execu- 
tien  of  the  trusts  aforesaid  and  each  of  them  shall  be  accounta- 


DEEDS    OF    TRL'ST.  23 

hie  for  his  own  acts  and  deeda  only  and  nut  for  the  acts  and 
deeds  of  the  other  or  others  of  the  said  trustees 
In  witness  ik,c 

Anolhcr  Deed  of  Marriage  Settlement. 

This  Indenture  tripartite  made  the  eleventh  day  of  July  in 
the  year  t)f  our  I^ord  18.30  between  A  I)  widow  and  relict  of 
C  I)  late  of  (lie  city  of  Philadelphia  gentleman  deceased  of  (ho 
first  part  KF  and  G  H  both  of  tiie  said  city  gentleujen  of  the 
second    part  and  J  K  of  the  said   city  merchant  of  the  third 
part  Whereas  a  marriage  is  intended  by  divine  permission  to 
be  had  and  solemni/.ed  between  the  said  J  K  and  A  D  And 
whereas  the  said  C  D  in  and  by  his  last  will  and  testament  ir. 
writing  bearinir  date  the  tenth  dav  of  June  Anno  Domini  1827 
did   give  and  devise  unto  his  son  G  I)  one  equal  and   undi- 
vided  half  part  of  his  the  said  testator's  messuage  and  lot  of 
ground  situate  &c  with  the  appurtenances  to  hold  to  him  the 
said  G  1)  his  heirs  and  assigns  for  ever  with  a  proviso  that  if 
he  the  said  G  D  should  die  in  his  minority  and  without  lawful 
issue  his  said    moiety  should   go  with  the   residue  of  the  said 
testator's  estate  to  the  said  A  D  to  whom  he  devised  all  the 
rest  residue   and   remainder  of  his   estate  real  aud  personal 
whatsoever  and  wlieresoever  to  hold  to  her  the  said  A  D  her 
heirs  executors  administrators  and  assigns  for  ever  upon  con- 
dition that  she  the  sairl  A  D  for  and  out  of  the  estate  so  devised 
to  her  as  aforesaid  should  be  at  the  charge  of  the  maintenance 
and  education  of  her  said  son  until  he  should  arrive  at  lull  age 
Now  to  the  end  and    purpose  that  the  said  real  estate  of  the 
Raid  C  D  may  be  preserved  to  and  for  the  uses  limited  by  his 
said  will  and  agreeably  to  the  intention  of  the  said  A  D  This 
indenture  vvitnesseth  that  the  said  A  D  in  consideration  of  the 
said  intended  marriage  and  of  tlie  trust  and  confidence  which 
she   hath   and   reposelh  in  the  said   E  F  and  G  li  and  also  in 
consideration   of  one  dollar  lawful   money  by  them  to  her  in 
hand  paid  the   receipt  whereof  she  doth  hereby  acknowledge 
hath   granted    bargained   and   sold  aliened  enfeoft'ed    released 
and  conlirmed  and  b,   these  presents  doth  grant  bargain  and 
sell  alien  enfeoft*  release  and  confirm   unto   the  said  H  F  and 
G  H  and  their  heirs  all  that  her  the  said  A  D's  one  full  e(|ual 
and  undivided  moiety  or  half  part  of  and  in  the  aforesaid  mes- 
suage and  lot  or  piece  of  ground  situate  &c  and  also  ihe  con- 
tingent and  executory  remainder  expectant  upon  the  death  of 
the  said  G  1)  without  issue  happening  during  his  n;inority  of 
the  other  like  moiety  of  tlie  same  messuage  and  lot  of  ground 
which  remainder  by  (he  will  of  the  said  testator  C  D  is  vested 
in  the  said  A  D  and  hev  heirs  so  as  to  wait  on  the  determina- 
tion of  the  said  G  D's  estate  in  the  said  moiety  to  take  effect 
and  to  be  executed  in  the  event  aforesaid  together  with  all  and 


24  DEEDS    OF    TRUST. 

singular  the  buildings  and  improvements  ways  alleys  pas- 
sages waters  water  courses  riglits  liberties  privileges  heredita- 
ments and  appurtenances  whatsoever  thereunto  belonging  and 
the  reversions  and  remainders  rents  issues  and  ])rofits  of  all 
and  singular  the  premises  and  all  the  estate  right  title  interest 
property  claim  and  demand  whatsoever  of  her  the-said  A  D 
either  in  law  or  equity  of  in  and  to  the  same  To  have  and  to 
hold  all  and  sidgular  the  said  hereby  granted  premises  with 
the  appurtenances  unto  the  said  E  F  and  G  H  and  the  survi- 
vor of  them  and  the  heirs  and  assigns  of  such  survivor  to  and 
for  the  only  proper  use  and  behoof  of  the  said  E  F  and  G  H 
and  the  survivor  of  them  and  the  heirs  and  assigns  of  such 
survivor  for  ever  In  trust  nevertheless  to  and  for  the  uses  and 
purposes  following  that  is  to  say  to  the  use  of  the  said  A_D 
her  heirs  and  assigns  until  the  solemnization  of  the  said  in- 
tended marriage  and  from  and  after  the  solemnization  thereof 
then  to  and  for  the  sole  and  separate  use  of  the  said  A  D  for 
and  during  the  term  of  her  natural  life  without  being  liable  in 
any  way  or  manner  whatsoever  to  the  pa^'ment  of  any  of  the 
debts  present  or  future  of  her  said  intended  husband  and  from 
and  after  the  decease  of  the  said  A  D  then  with  respect  to  the 
moiety  b}^  tbe  said  C  D  to  the  said  A  D  devi-ed  as  aforesaid 
to  and  for  the  only  proper  use  and  behoof  of  their  son  the  said 
G  D  his  heirs  and  assigns  for  ever  and  with  respect  to  the  ex- 
ecutory remainder  of  the  said  G  D'*s  moiety  if  the  same  should 
take  effect  and  by  the  death  cf  the  said  G  D  as  aforesaid  be 
executed  together  in  that  event  v>-ith  the  said  A  D's  o\vii 
moiety  of  the  said  messuage  and  lot  with  the  appurtenances 
in  trust  to  and  for  such  use  and  uses  as  she  the  said  A  D  not- 
withstanding her  coverture  by  any  writing  in  the  nature  of 
a  last  will  and  testament  under  her  hand  and  seal  attested  by  two 
or  more  credible  witnes?es  shall  limit  and  appoint  and  for 
want  of  such  limitation  or  appointment  then  to  the  use  of  the 
said  J  K  (her  intended  husband)  his  heirs  and  assigs  for  ever 
Provided  always  and  it  is  hereby  declared  and  agreed  that 
tbe  true  meaning  and  intent  of  these  presents  and  of  all  the 
parties  hereto  is  that  it  shall  and  may  he  lawful  1o  and  for  the 
said  A  D  notwithstanding  her  coverture  at  any  time  or  times 
hereafter  b}'  one  or  more  indenture  or  indentures  or  by  her 
last  will  and  testament  in  writing  or  by  any  writing  in  the 
nature  of  a  will  every  of  them  to  be  attested  by  two  or  more 
credible  witnesses  to  alter  change  revoke  determine  and  make 
void  all  and  every  or  an}'  the  estate  or  estates  use  or  uses  be- 
fore by  these  presents  limited  and  appointed  and  that  from 
and  after  such  alteration  change  revocation  determination  or 
making  void  thereof  or  any  part  thereof  then  these  presents 
shall  be  and  enure  for  and  concerning  the  said  premises  or  so 
much  thereof  as  whereof  such  alteration  change  revocation  or 
determination  shall  be  had  and  made  to  such  other  use  and 
uses  and  to  the  use  of  such  other  person  or  persons  and  for 


DEEDS    OF    'inUST.  2o 

such  estate  and  estates  and  in  such  sort  manner  and  form  as 
the  said  A  D  by  the  same  or  by  any  otlier  indenture  or  in- 
dentures or  by  her  last  wiil  and  testament  in  nritinf^  or  by 
any  writinj;  iix  the  nature  of  a  will  every  of  them  to  !)c  attest- 
ed as  afon;said  shall  declare  limit  and  appoint  and  in  default 
of  such  limitation  or  appointment  then  to  the  uses  intents  and 
purposes  herein  before  by  these  presents  mentioned  expressed 
and  declared  and  to  and  for  no  other  use  intent  or  purpose 
whatsoever  And  the  said  J  K  (tfie  intended  husband)  for 
himself  his  heirs  executors  and  administrators  doth  hereby 
covenant  promise  grant  and  agree  to  and  with  tha  said  K  F 
and  G  H  their  licirs  executors  and  administrators  that  he  the 
said  J  K  shall  not  and  will  not  opj)ose  or  contest  any  neces- 
sary expense  to  be  laid  out  or  employed  for  the  maintenance 
and  education  of  the  said  G  D  agreeably  to  his  said  father's 
will  provided  such  expense  be  in  good  reason  proportionable 
to  that  residue  of  his  said  father's  estate  which  he  ilcvised  and 
bequeathed  to  the  said  A  D  as  well  for  her  own  as  for  her  said 
son's  supj)ort  and  maintenance  and  shall  not  and  will  not  at 
any  time  hereafter  directly  or  indirectly  obstruct  litigate  or 
defeat  the  uses  and  estates  herein  before  limited  and  declared 
or  any  future  revocation  or  change  of  the  same  or  any  decla- 
ration and  appointment  of  other  uses  which  the  said  A  D  may 
hereafter  make  either  by  her  deed  or  deeds  of  indenture  or  by 
her  last  will  and  testament  in  writing  or  by  any  writing  in 
the  nature  of  a  will  agreeably  to  the  tenor  and  the  true  intent 
and  meaning  of  these  presents  In  witness  whereof  5:c 
(Executed  by  all  the  parties.) 

Deed  revoking  the  uses  of  I  he  foregoing  Deed  and  declaring 
new  uses. 

This  Indenture  made  &c  between  A  K  late  A  D  widow 
and  relict  of  C  D  late  of  the  city  of  Philadelphia  gentleman 
deceased  and  now  the  wife  of  J  K  of  the  said  city  nierchunt 
of  the  one  part  and  her  son  G  D  of  the  said  city  merchant 
now  of  the  full  age  of  twonty-one  years  and  upwards  of  the 
other  part  Whereas  in  and  by  a  certain  indenture  tripartite 
bearing  date  the  eleventh  day  of  July  Anno  Domini  1S30 
made  and  executed  by  and  between  the  said  A  K  by  her  then 
name  of  A  D  of  the  first  part  E  F  and  G  H  botli  of  the 
said  city  gentlemen  of  the  second  part  and  J  K  of  the  said 
city  merchant  of  the  third  part  she  the  said  A  K  late  A  D  in 
consideration  of  a  marriage  then  intended  to  be  had  and  solem- 
nized between  the  said  J  K  and  A  I)  (which  said  intended  mar- 
riage hath  since  taken  eflbct)  and  for  other  the  considerations 
therein  mentioned  did  grant  convey  and  confirm  unto  the  said 
E  F  and  G  II  and  their  heirs  (then  proceed  in  reciting  the  fore- 
going deed  at  lar^e  including  in  the  recital  the  power  to  revoke 
in  hsec  verba)  as  in  and  by  the  said  recited  indenture  recorded 

E 


28  DEEDS   OF    TRUST. 

at  Philadelphia  in  deed  book  &c  at  large  appears  Now  this 
indenture  witnesseth  that  the  said  A  K  late  A  D  for  and  in  con- 
sideration of  the  natural  love  and  atfection  which  she  hath  and 
beareth  for  her  only  son  the  said  G  1)  and  also  of  one  dollar 
lawful  money  to  her  in  hand  paid  by  her  son  the  said  G  I)  the 
receipt  whereof  she  doth  hereby  acknowledge  hath  in  pursu- 
ance of  the  powers  and  authorities  to  her  reserved  and  given 
in  and  by  tlie  said  recited  indenture  declared  limited  and  ap- 
pointed and  by  these  presents  doth  declnre  limit  and  appoint 
that  the  legal  estate  in  them  the  said  E  F  and  G  H  and  their 
heirs  vested  in  and  by  the  said  recited  indenture  shall  hence- 
forth operate  stand  and  enure  to  and  for  the  uses  intents  and 
purposes  following  and  no  other  that  is  to  say  to  and  for  the 
only  proper  use  benefit  and  behoof  of  her  son  the  said  G  D  his 
heirs  and  assigns  for  ever  And  the  said  A  K  late  A  D  doth  by 
these  presents  revoke  annul  and  destroy  all  former  use  or  uses 
by  her  heretofore  lim/iled  and  appointed  of  and  in  the  premises 
aforesaid  or  any  part  thereof  any  thing  in  the  before  recited 
indenture  tripartite  or  any  subsequent  instrument  of  writing 
to  the  contrary  hereof  in  any  wise  notwithstanding  In  testi- 
mony whereof  she  the  said  A  K  late  A  D  in  pursuance  and  by 
virtue  of  the  powers  and  authorities  to  her  reserved  and  in  her 
vested  as  aforesaid  hath  hereunto  set  her  hand  and  seal  in  the 
presence  of  two  credible  witnesses  the  day  and  year  first  above 
written. 
Signed  sealed  and  delivered") 

in  the  presence  of  us        3  -^^  ^-  C"^-  ''•) 

Let  the  execution  of  this  be  proved  by  one  of  the  subscribing  witnesses. 

Deed  of  Trust  of  the  Wife's  Estate  made  after  MarriagCy 
upon  a  Separation  of  the  Husband  and  Wife. 

This  Indenture  made  &c  between  A  B  of  the  city  of  Phi- 
ladelphia Esquire  and  C  his  wife  of  the  one  part  and  D  E  and 
F  G  both  of  the  said  city  Esquires  of  the  other  part  Whereas 
H  I  of —  (who  was  the  grandmother  of  the  said  C)  in  and  by 
her  last  will  and  testament  in  writing  bearing  date  the —  day 
of —  in  the  year  of  our  Lord  —  did  give  devise  and  bequeath 
unto  the  said  C  her  heirs  and  assigns  for  ever  all  that  mes- 
suage or  tenement  and  lot  or  piece  of  ground  situate  &c  and 
also  one  full  equal  third  part  of  all  the  rest  residue  and  re- 
mainder of  her  the  said  testatrix's  estate  real  and  personal 
whatsoever  and  wheresoever  as  in  and  by  the  said  recited  last 
will  and  testament  duly  proved  and  filed  of  record  in  the  Re- 
gister's office  at  Philadelphia  fully  appears  And  whereas  J  K 
who  was  the  uncle  of  the  said  C  in  and  by  his  last  will  and 
testament  in  writing  lifiaring  date  &c  duly  proved  and  of  re- 
cord in  the  Register's  office  aforesaid  did  give  devise  and 
bequeath  one  full  equal  fourth  part  of  all  his  estate  real  and 
personal  unto  his  niece  the  said  C  her  heirs  executors  administra- 
tors and  assigns  for  ever  And  whereas  LM  who  was  the  mother 


D£EDS    OF    TttUST.  27 

of  the  snid  C  lately  died  intestate  seised  of  divers  mcssuap^es  lots 
lands  tenements  hereditanncnts  and  real  estate  situate  kc  and 
also  possessed  of  and  entitled  to  personal  estate  to  a  considera- 
ble amount  by  reason  wiicreof  one  full  equal  and  undivided 
fifth  part  of  the  same  estate  real  and  personal  descended  and 
came  to  the  said  C  as  one  of  her  heirs  at  law  Now  this  Inden- 
ture witnesseth  that  the  said  A  B  and  C  his  wife  as  well  for 
and  in  consideration  of  one  dollar  lawful  money  unto  them  in 
hand  well  and  tndy  paid  by  the  said  I)  E  and  F  G  at  the  time 
of  the  execution  hereof  the  receipt  whereof  is  hereb]^  acknow- 
ledij^ed  as  also  for  divers  other  good  and  vahiablc  causes  and 
considerations  them  thereunto  especially  moving  have  and 
by  these  presents  do  grant  bargain  and  sell  alien  enfeoff  re- 
lease and  confirm  assign  transfer  and  set  over  unto  the  said 
D  E  and  F  G  their  heirs  executors  administrators  and  assigns 
all  and  singular  the  messuages  lots  of  ground  lands  tenements 
hereditaments  and  real  estate  and  all  and  singular  the  monies 
Jewells  plate  goods  chattels  and  effects  of  wliat  nature  or  kind 
soever  which 'she  the  said  C  B  is  now  seised  or  possessed  of 
or  entitled  unto  or  which  the  said  A  B  in  her  right  is  seised 
or  possessed  of  or  entitled  unto  by  force  and  virtue  of  the 
above  recited  last  wills  and  testaments  of  the  said  H  1  and  J  K 
respectively  or  by  descent  or  othenvise  from  her  mother  the 
said  L  M  and  also  all  debts  legacies  and  choses  in  action  of 
what  nature  or  kind  soever  which  she  the  said  C  or  the  said 
A  in  right  of  the  said  C  is  entitled  to  by  virtue  of  the  wills 
and  descent  aforesaid  together  with  all  and  singular  the  rights 
liberties  privileges  imnmnities  hereditaments   and  appurte- 
nances whatsoever  to  the  same  belonging  and  the  reversions 
and  remainders  rents  issues  and  prolits  thereof  and  all  tlie 
estate  right  title  interest  property  claim  and  demand  whatso- 
ever of  the  said  A  B  and  C  his  wife  and  of  each  of  them  either 
in  law  or  equity  of  in  to  and  out  of  the  same  To  have  and  to 
hold  receive  and  take  all  and  singular  the  said  premises  here- 
by' o-ranted  bargained  sold  and  assigned  with  the  appurte- 
nances unto  the  said  D  E  and  F  G  their  heirs  executors  ad- 
ministrators and  assigns  to  their  own  proper  use  and  behoof 
for  ever  Upon  this  sj)ecial  trust  and  confidence  and  to  the  end 
intent  and  purpose  that  they  the  said  trustees  and  the  survi- 
vor of  them  and  the  heirs  executors  administrators  and  assigns 
of  such  survivor  shall  be  and  stand  seised  and  possessed  of  all 
and  singular  the  premises  hereby  granted  and  assigned  to  and 
for  the  sole  and'  separate  use  benefit  and  behoof  of  the  said 
C  B  her  heirs  and  assigns  forever  in  as  full  and  ample  a  man- 
ner as  if  she  were  sole  and  unmarried  and  shall  receive  the 
rents  issues  and  profits  of  the  said  real  estate  and  pay  over  the 
same  to  the  said  C  B  or  to  her  order  in  writing  who  shall  not- 
withstanding her  coverture  receive  and  dispose  of  the  same 
to  and  for  her  sole  and  separate  use  without  the  intervention 
or  control  of  her  husband  or  of  any  person  or  persons  claim- 


28  DEEDS    OF    TRUST. 

ing  under  him  or  in  his  right  and  without  i)cing  subject  or 
liable  in  any  way  or  manner  whatever  to  her  husband's  debts 
contracts  or  engagements  And  upon  this  further  trust  and 
confidence  that  the  said  C  B  notwithstanding  her  coverture 
and  whether  she  be  covert  or  sole  shall  have  full  power  to 
dispose  of  all  or  any  part  of  the  said  premises  hereby  granted 
and  assigned  by  gift  grant  deed  or  writing  in  the  nature  of  a 
will  to  such  person  or  persons  and  for  such  estate  and  estates 
as  she  may  think  proper  And  the  said  trustees  and  the  survi- 
vor of  them  and  the  heirs  or  assigns  of  such  survivor  shall  and 
will  do  and  execute  all  such  acts  matters  and  things  in  deed 
or  in  law  as  may  be  necessary  to  carry  into  effect  such  dispo- 
sitions so  as  aforesaid  to  bQ  made  by  tlie  said  C  B  by  virtue 
hereof  And  the  said  A  B  for  himself  his  heirs  executors  and 
administrators  doth  hereby  covenant  promise  grant  and  agree 
to  and  with  the  said  D  E  and  F  G  their  heirs  executors  and 
administrators  that  it  shall  and  may  be  lawful  to  and  for  the 
said  D  E  and  F  G  and  the  survivor  of  them  and  the  heirs  ex-: 
ecutors  or  administrators  of  such  survivor  to  commence  and 
prosecute  to  final  effect  one  or  more  actions  or  suits  for  the 
recovery  of  the  debts  legacies  and  choses  in  action  hereby  as- 
signed and  for  that  purpose  to  use  the  name  of  the  said  A  B 
and  C  his  wife  or  either  of  them  as  occasion  may  require  and 
that  he  or  they  shall  not  and  will  not  in  any  manner  with- 
draw release  discontinue  or  directly  or  indirectly  impede  the 
progress  of  the  said  suit  or  suits  and  that  he  the  said  A  B  shall 
and  will  ratify  and  confirm  all  dispositions  to  be  made  by  the 
said  C  B  by  virtue  hereof  b}^  deed  grant  or  writing  in  nature 
of  a  will  or  otherwise  howsoever    In  witness  &c* 


*  This  form  was  suggested  and  approved  by  the  Counsel  of  the  wife, — 
but  I  think  it  might  have  been  improved  by  a  more  definite  disposition  of 
tlie  personal  propert}',  including  the  proceeds  of  the  debts,  legacies,  and 
choses  in  action,  when  recovered;  and  by  extending  to  the  Trustees,  in 
addition  to  the  authority  to  bring  actions  for  the  recovery  of  the  debts,  leg- 
acies, &c.  the  power  to  join  with  the  other  persons  interested  in  the  undi- 
vided real  estate  in  agreeing  upon  and  making  partition  tliereof,  or  for  that 
purpose  to  bring  actions,  or  to  receive  summons  in  partition,  in  any  court  of 
competent  jurisdiction,  and  to  enter  into  agreements,  and  to  give  and  ac- 
cept all  notices,  &c.  and  to  do  all  acts  needful  and  necessary  to  complete 
such  pi'oceedings. 

It  may  be  proper  to  observe  that  Deeds  of  Trust,  as  well  as  other 
conveyances,  must  be  proved  or  acknowledged — and  where  the  estate  of 
a  femme  covert  is  intended  to  be  passed,  an  acknowledgment  and  sepa- 
rate examination  before  the  proper  officer  is  indispensible  to  effect  that 
object: — and  that  Deeds  of  conveyance,  made  in  pursuance  and  execution 
of  powers  of  appointment,  must  refer  to  the  instruments  in  wliich  such 
powers  are  reserved,  and  should  state  expressly,  that  they  are  made  in 
pursuance  and  by  virtue  of  such  powers. 


RELEASE   OF   OUOUNDHKXT.  29 

Deed  of  Release  of  Groundrent,  which  had  been  reserved  to 
the  uses  of  a  3f(irrias(r  Seltlcinent,  vuulc  in  pursuance 
of  a  proviso  in  the  Groniulrcnt  Deed.  The  Release  by 
Jittorney  duly  authorized. 

This  Indenture  made  the  —  day  of  —  in  the  year  of  our 
Lord  &e  between  A  B  and  C  1)  of  the  county  of  —  in  the 
State  of  New  York  F>squires  by  E  F  of  the  city  of  Phihidel- 
phia  in  the  Sbite  of  Pennsylvania  merchant  their,  attorney 
duly  constituted  with  full  power  by  letter  of  attorney  under 
the  hands  and  seals  of  the  said  A  \\  and  C  1)  duly  executed 
bearins;  date  the  tenth  day  of  January  one  thousand  eight 
hundred  and  twenty-eij^ht  and  recorded  at  Philadelphia  in 
letter  of  attorney  book  &.c  of  the  one  part  and  G  H  of  the  city 
of  Philadelphia  aforesaiti  merchant  of  the  other  part  Whereas 
the  said  A  B  and  C  D  by  their  said  attorney  by  indenture 
bearing  date  the  fourth  day  of  June  Anno  Domini  182S  did 

frant  convey  and  assure  unto  J  K  of  the  said  city  of  Phila- 
elphia  merchant  and  to  his  heirs  and  assigns  a  certain  lot  or 
piece  of  ground  situate  &:c  (describing  the  lot)  together  with 
the  appurtenances  to  hold  to  him  the  said  J  K  his  heirs  and 
assigns  for  ever  Yielding  and  paying  therefor  and  thereout 
unto  the  said  A  B  and  C  D  their  heirs  and  assigns  to  and  for 
the  same  and  like  uses  that  are  mentioned  and  expressed  in 
certain  agreements  and  settlements  in  consideration  of  mar- 
riage between  the  said  E  F  and  Mary  his  wife  the  yearly  rent 
or  sum  of  two  hundred  dollars  lawful  money  of  the  United 
States  of  America  in  two  even  and  equal  half  yearly  portions 
on  the  first  day  of  the  months  of  January  and  July  in  each 
and  every  year  thereafter  for  ever  free  and  clear  of  and  from 
all  deductions  or  abatements  for  or  on  account  of  any  taxes 
charges  or  assessments  whatsoever  In  which  said  recited  in- 
denture is  contained  a  proviso  that  if  the  said  J  K  his  heirs  or 
assigns  should  at  any  time  within  the  space  or  term  of  seven 
years  from  the  date  thereof  well  and  truly  pay  unto  the  said 
A  B  and  C  D  their  heirs  or  assigns  for  the  uses  of  the  settle- 
ment and  marriage  contract  afoiesaid  the  sum  of  three  thou- 
sand three  hundred  and  thirty-three  dollars  and  thirty-three 
cents  lawful  money  aforesaid  over  and  besides  the  said  yearly 
rent  thereby  reserved  in  the  mean  time  accruing  then  and 
immediately  from  and  after  such  payment  the  said  yearly 
rent  thereby  reserved  should  cease  and  become  extinct  for 
ever  and  tlvat  they  the  said  A  B  and  C  D  their  heirs  or  assigns 
shouUl  immediately  thereafter  well  and  sullicientl}' extinguish 
the  said  yearly  rent  accordingly  and  grant  and  release  all  their 
estate  and  interest  in  the  said  lot  or  piece  of  ground  with  the 
appurtenances  unto  the  said  J  K  his  heirs  and  assigns  for  ever 
as  in  and  by  the  said  recited  indenture  recorded  at  Philadel- 


so  RELEASE  OF  GROUNDUENT. 

phia  in  deed  book  G  W  R  No  —  page  —  &c  relation  being 
thereunto  had  may  more  fully  and  at  large  appear  And 
whereas  the  said  J  K  and  L  his  wife  in  and'  by  a  certain  in- 
denture bearing  date  the  tenth  day  of  March  Anno  Domini 
one  thousand  eight  bundled  and  twenty-nine  granted  con- 
veyed and  assured  the  above  described  lot  or  piece  of  ground 
with  the  messuage  thereon  erected  and  other  the  appurte- 
nances unto  the  aforesaid  G  H  party  hereto  his  heirs  and  as- 
signs for  ever  subject  to  the  aforesaid  yearly  groun(h^ent  as  in 
and  by  the  said  last  recited  indenture  recorded  at  Philadelphia 
in  deed  book  G  W  R  No  —  page  —  relation  being  thereunto 
had  may  more  fully  and  at  large  appear  Now  this  indenture 
witnesseth  that  the  said  A  B  and  C  D  by  their  attorney  in 
fact  the  said  E  F  duly  constituted  as  aforesaid  for  and  in  con- 
sideration of  the  sum' of —  being  the  extinction  money  afore- 
said besides  the  arrears  of  the  said  groundrent  accrued  to  the 
date  hereof  unto  them  for  the  uses  of  the  settlement  and  mar- 
riage agreement  aforesaid  well  and  truly  paid  by  the  said  G  H 
at  or  before  the  sealing  and  delivery  hereof  the  receipt  where- 
of is  hereby  acknowledged  have  remised  released  and  for  ever 
quit-claimed  and  extinguished  and  by  these  presents  in  pur- 
suance of  the  proviso  contained  in  the  said  first  above  recited 
indenture  do  remise  release  and  for  ever  quit-claim  and  ex- 
tinguish unto  the  said  G  H  his  heirs  and  assigns  forever  All 
that  the  aforesaid  yearly  rent  charge  or  groundrent  of  two 
hundred  dollars  charged  upon  and  issuing  and  payable  for  and 
out  of  the  above  described  lot  or  piece  of  ground  with  the 
appurtenances  and  all  the  ways  means  and  remedies  for  the 
recovery  thereof  and  all  the  rights  and  incidents  thereunto 
belonging  And  the  said  A  B  and  C  D  by  their  said  attorney 
for  the  consideration  aforesaid  have  and  by  these  presents  do 
grant  bargain  sell  release  and  confirm  unto  the  said  G  H  his 
heirs  and  assigns  all  that  the  above  described  lot  or  piece  of 
ground  together  with  the  appurtenances  and  the  reversions 
and  remainders  thereof  and  all  the  estate  right  title  interest 
trust  property  claim  and  demand  whatsoever  of  them  the  said 
A  B  and  C  D  either  in  law  or  equity  of  in  and  to  the  same  1  o 
have  and  to  hold  the  said  described  lot  or  piece  of  ground 
hereditaments  and  premises  hereby  granted  released  and  con- 
firmed with  the  appurtenances  unto  the  said  G  H  his  heirs 
and  assigns  to  and  for  his  and  their  only  proper  use  and  be- 
hoof for  ever  so  that  they  the  said  A  B  and  C  D  and  their 
heirs  respectively  or  any  or  either  of  them  or  any  other  per- 
son or  persons  lawfully  claiming  or  to  claim  by  from  or  under 
them  or  any  or  either  of  them  shall  not  at  any  time  hereafter 
have  claim  challenge  or  demand  any  right  of  entry  rent  or 
rent  charge  or  any  estate  right  title  or  interest  of  in  to  or  out 
of  the  above  described  lot  or  piece  of  ground  or  any  part  or 
parcel  thereof  with  the  appurtenances  but  of  and  from  all  such 


RELEASE  OF   GrounDRENT.  SI 

claims  and  demands  shall  be  utterly  excluded  and  barred  for 
ever  by  virtue  of  these  presents    In  witness  &c* 

Another  Release  of  Groxindront. 

This  Indenture  made  &c  between  A  B  of  the  city  of  Phila- 
delphia merchant  and  Ann  his  wife  of  the  one  paVt  and  C  D 
of  the  said  city  carpenter  of  the  other  part  Whereas  the  said 
A  li  in  and  by  a  certain  indenture  I)earin2;  date  the  —  day  of 
—  granted  and  conveyed  unto  the  said  C  D  his  iiei^rs  and  as- 
si<:^ns  all  tliat  certain  lot  or  piece  of  ground  situate  &c  toge- 
ther with  the  appurtenances  lo  hold  to  him  the  said  ('  D  his 
heirs  and  assigns  for  ever  Yielding  and  paying  therefor  and 
thereout  unto  the  said  AB  his  heirs  and  "assigns  the  yearly 
rent  or  sum  of  fifty  dollars  lawful  silver  money  of  the  United 
Slates  of  America  in  two  even  and  equal  half  yearly  portions 
on  the  first  day  of  January  and  July  in  each  and  cverv  year 
thereafter  for  ever  free  and  clear  of  and  from  all  deductions  or 
abatements  for  or  on  account  of  any  taxes  charges  or  assess- 
ments whatsoever  as  in  and  by  the'said  recited  indenture  re- 
corded at  Phila(lelj)hia  in  deed  book  &c  fully  appears  Now 
this  indenture  witnesscth  that  the  said  A  li  and  Ann  his  wif^ 
for  and  in  consideration  of  the  sum  of  eight  hundred  dollars 
lawful  money  of  the  United  States.unto  them  in  hand  well 
and  truly  paid  by  the  said  C  T)  at  the  time  of  the  execution 
hereof  the  receipt  whereof  is  hereby  acknowledged  have  and 
by  these  presents  do  grant  bargain  sell  remise  release  and  for 
ever  quit-claim  and  extinguish  unto  the  said  C  D  his  heirs 
and  assigns  all  that  the  aforesaid  yearly  rent  charge  or  ground- 
rent  of  fifty  dollars  lawful  silver  money  aforesaid  charged  and 
chargeable  u])on  and  issuing  and  payable  for  and  out  of  the 
above  described  lot  or  piece  of  ground  with  the  appurtenances- 
and  all  right  and  power  of  entry  and  distress  and  of  re-entry 
and  allfother  the  ways  means  and  remedies  for  the  recovery 
thereof  and  all  and  singular  the  rights  incidents  and  appurte- 
nances whatsoever  thereunto  belonging  and  the  reversions 
and  remainders  thereof  and  all  the  estate  right  title  interest 
property  claim  and  demand  whatsoevtr  of  him  the  said  A  B 
and  Ann  his  wife  either  in  law  or  equity  as  well  of  in  and  to 
the  said  yearly  rent  charge  or  groundrcht  hereby  granted  re- 
leased and  extinguished  as  also  of  in  and  to  the  above  de- 
scribed lot  or  piece  of  ground  with  the  appurtenances  for  and 
out  of  which  the  same  rent  is  issuing  and  payable  To  have  and 

•  Tliis  Deed  should  be  executed  by  the  Attorney  in  the  names  of  his  con- 
Btitucnts,  and  should  have  affixed  as  well  his  seal  as  also  the  seals  of  his 
constituents — thus:  A  B  (seal) 

C  D  (seal) 

By  their  Attorney  in  fact 

E  F  "    (seal) 

See  the  Form  of  Ackno\vlcd£^miut  for  this  Dcwl  under  the  head  of  Aeknowledgmcnn,  ^c. 


32  APPORTIONMENT  OF   ttROUNDRENT. 

to  hold  the  said  yearly  rent  charge  or  groundrcnt  of  fifty  dol- 
lars and  all  other  the  premises  hereby  granted  released  and 
extinguished  with  the  rights  rennedies  incidents  and  appur- 
tenances unto  the  said  C  D  his  heirs  and  assigns  to  and  for 
the  only  proper  use  and  behoof  of  him  the  said  C  D  his  heirs 
and  assigns  for  ever  And  tlie  said  A  B  for  himself  and  his 
heirs  all  the  aforesaid  yearly  rent  charge  or  groundrent  of 
fifty  dollars  and  all  other  the  premises  hereby  granted  re- 
leased and  extinguislied  with  the  rights  remedies  incidents 
and  appurtenances  unto  the  said  C  l)  his  heirs  and  assigns 
against  himself  the  said  A  B  and  his  heirs  and  against  all  and 
every  other  person  and  persons  whomsoever  lawfully  claim- 
ing or  to  claim  by  from  or  under  him  them  or  any  of  them 
shall  and  will  warrant  and  for  ever  defend  by  these  presents 
In  witness  whereof  &c 

If  it  he  desired  that  the  Release  be  endorsed  upon  the 
Groundrent  Deed,  it  may  be  made  shorter;  because,  in  such 
case,  the  Groundrent  Deed  need  not  be  recited. 

The  last  preceding  form  is  presented  on  two  accounts.  First, 
because  it  often  happens  that  it  must  necessarily  be  drawn  on 
I  a  separate  paper  or  parchment;  and  secondly,  because,  with 
but  a  very  slight  alteration,  it  may  be  adapted  to  the  circum- 
stance of  a  sale  of  the  groundrent.  This  may  be  effected  by 
omitting  the  words  "extinguish"  or  "extinguished,"  wher- 
ever they  occur,  and  substituting,  in  their  places,  the  words 
"assign"  and  "assigned." — The  words  of  the  grant,  in  the 
case  of  a  sale,  being  "  have  and  by  these  presents  do  grant 
"  bargain  and  sell  assign  transfer  and  set  over  release  convey 
"  and  confirm."  In  all  other  i^espects  the  form  is  well  adapted 
to  a  conveyance  of  the  groundrent  to  a  purchaser. 

Deed  of  Apjmrtionment  of  a  large  Grouiidrent^issuing 
out  of  a  large  lot  of  ground. 

This  Indenture  made  the  —  day  of  —  in  the  year  of  our 
Lord  1830  between  A  B  of  the  city  of  Philadelphia  merchant 
and  C  his  wife  of  the  one  part  and  D  E  of  the  said  city  house- 
carpenter  of  the  other  part  Whereas  the  said  A  B  and  C  his 
wife  in  and  by  a  certain  indenture  bearing  date  the  —  day  of 
—  one  thousand  eight  hundred  and  twenty-five  did  grant  and 
convey  unto  the  said  D  E  his  heirs  and  assigns  all  that  cer- 
tain large  lot  or  piece  of  ground  situate  &c  together  with  the 
appurtenances  to  hold  to  him  the  said  D  E  his  heirs  and  as- 
signs for  ever  Yielding  and  paying  therefor  and  thereout  unto 
the  said  A  B  his  heirs  and  assigns  the  yearly  rent  or  sum  of 
four  hundred  dollars  lawful  silver  money  of  the  United  States 
of  America  in  equal  half  yearly  portions  on  the  first  day  of 
the  months  of  April  and  October  in  each  and  every  )^ear  there- 
after for  ever  free  and  clear  of  and  from  all  deductions  or 
abatements  for  or  on  account  of  any  taxes  charges  or  assess- 


APPORTIONMENT   OF   CROUXDUENT.  33 

ments  whatsoever  as  in  and  by  the  said  recited  indenture 
recorded  at  Philadelphia  in  deed  book  —  fully  appears  And 
whereas  the  said  D  E  havins;  found  by  experience  that  it  is 
greatly  detrimental  and  injurious  to  his  interest  that  each  and 
every  part  of  the  above  described  lare;e  lot  of  2;round  should 
be  subject  and  liable  to  the  j)ayment  of  the  whole  of  the  afore- 
said yearly  fj;roundrcnt  of  four  hundred  dollars  hath  besought 
and  requested  the  said  A  B  to  apportion  the  said  yearly 
groundrent  and  to  sever  the  same  and  fix  the  same  in  several 
parts  to  arise  respectively  out  of  the  several  parts  and  parcels 
of  the  said  larfj;c  lot  of  ground  as  herein  after  is  mentioned  and 
expressed  Now  this  indenture  witnesseth  that  the  said  A  B 
and  C  his  wife  in  compliance  with  the  said  request  of  the  said 
D  E  and  in  consideration  thereof  and  of  one  dollar  lawful 
money  to  them  in  hand  well  and  truly  paid  by  the  said  D  E 
at  the  time  of  the  execution  hereof  the  receipt  whereof  is 
hereby  acknowledged  have  and  by  these  presents  do  covenant 
promise  grant  and  agree  to  and  with  the  said  D  E  his  heirs 
and  assigns  that  the  whole  of  the  said  yearly  groundrent  of 
four  hundred  dollars  aforesaid  shall  from  and  after  the  date  of 
these  presents  be  and  stand  severed  and  apportioned  and  that 
the  herein  after  described  lots  of  ground  parts  and  parcels  of 
the  above  described  laige  lot  shall  separately  be  liable  only* 
for  such  part  of  the  said  whole  grouiulrent  as  herein  after  is 
mentioned  that  is  to  say  that  the  yearly  rent  of  one  hundred 
dollars  lawful  silver  money  aforesaid  payable  in  equal  half 
yearly  portions  on  the  first  day  of  the  months  of  April  and 
October  in  each  and  every  year  hereafter  fur  ever  free  and 
clear  of  and  from  all  deductions  or  abatements  for  or  on  ac- 
count of  any  taxes  charges  or  assessments  whatsoever  and  no 
more  shall  be  charged  demanded  and  received  for  and  out  of 
all  that  lot  or  piece  of  ground  part  and  parcel  of  the  above  do- 
scribed  large  lot  situate  &,c  (describing  it)  with  the  appurte- 
nances'as  and  for  its  full  proportion  of  and  towards  the  said 
whole  yearly  groundrent  of  four  hundred  dollars  reserved  out 
of  the  whole  of  the  said  large  lot  of  ground  as  aforesaid  that 
the  yearly  rent  of  one  hundred  dollars  lawful  silver  money 
aforesaid  payable  in  equal  half  yearly  portions  on  the  first  day 
of  the  months  of  April  and  October  in  each  and  every  year 
hereafter  for  ever  free  and  clear  of  and  from  all  deductions 
and  abatements  for  or  on  account  of  any  taxes  charges  or  as- 
sessments whatsoever  and  no  more  shall  be  charged  demanded 
and  received  for  and  out  of  all  that  lot  or  piece  of  ground  other 
part  and  parcel  of  the  above  described  large  lot  situate  &c 
(describing  it)  with  the  appurtenances  as  and  for  its  full  pro- 
portion of  and  towards  the  said  whole  yearly  groundrent  of 
four  hundred  dollars  reserved  out  of  the  whole  of  the  said 
large  lot  of  ground  as  aforesaid  That  the  yearly  rent  of  one 

F 


34  APPOUTIOJTMEKT  OF  GROUNDHENT. 

hundred  dollars  lawful  silver  money  aforesaid  payable  in  equal 
half  yearly  portions  on  the  first  day  of  tlie  months  of  April 
and  October  in  each  and  every  year  hereafter  for  ever  free 
and  clear  of  and  from  all  deductions  or  abatements  for  or  on 
account  of  any  taxes  charges  or  assessments  whatsoever  and 
no  more  sltall  be  charged  demanded  and  received  for  and  out 
of  all  that  lot  or  piece  of  ground  other  part  and  parcel  of  the 
above  described  large  lot  situate  &c  (describing  it)  with  the 
appurtenances  as  and  for  its  full  proportion  of  and  towards  the 
said  whole  yearly  groundrent  of  four  hundred  dollars  reserved 
out  of  the  whole  of  the  said  large  lot  of  ground  as  aforesaid 
and  that  the  yearly  rent  of  one  hundred  dollars  lawful  silver 
money  aforesaid  payable  in  equal  half  yearly  portions  on  the 
first  day  of  the  months  of  April  and  October  in  each  and  every 
year  hereafter  for  ever  free  and  clear  of  and  from  all  deduc- 
tions and  abatements  for  or  on  account  of  any  taxes  charges 
or  assessments  whatsoever  and  no  more  shall  be  charged  de- 
manded and  received  for  and  out  of  all  that  lot  or  piece  of 
ground  other  part  and  parcel  and  the  residue  of  the  above  de- 
scribed large  lot  situate  &.c  (describing  it)  with  the  appurte- 
nances as  and  for  its  full  proportion  of  and  towards  the  said 
.whole  yearly  groundrent  of  four  hundred  dollars  reserved  out 
of  the  whole  of  the  said  large  lot  is  aforesaid  So  that  he  the 
said  A  B  his  heirs  or  assigns  shall  not  at  any  time  hereafter 
for  ever  have  claim  challenge  or  demand  any  right  of  entry 
distress  or  re-entry  or  any  other  right  whatever  of  in  or  to  either 
of  the  aforesaid  last  described  four  lots  or  pieces  of  ground 
other  than  merely  and  solely  for  its  own  several  and  particu- 
lar apportioned  yearly  rent  aforesaid  any  thing  in  the  said 
herein  above  recited  indenture  from  the  said  A  B  and  C  his 
wife  to  the  said  D  E  contained  to  the  contrary  thereof  in  any 
wise  notwithstanding  the  first  half  yearly  payment  of  the  said 
four  several  apportioned  yearly  rents  respectively  to  be  made 
on  the  first  day  of  April  next  ensuing  the  date  hereof  And  it 
is  hereby  mutually  covenanted  and  agreed  by  and  between  the 
said  parties  to  these  presents  that  if  default  be  made  in  the 
payment  of  any  or  either  of  the  said  four  several  apportioned 
yearly  rents  on  the  days  and  times  in  each  and  every  year 
whereon  the  same  respectively  ought  to  be  paid  as  aforesaid 
then  it  shall  be  lawful  for  the  said  A  B  his  heirs  or  assigns 
with  respect  to  the  lot  and  lots  of  ground  last  above  described 
to  and  among  which  the  whole  yearly  ground-rent  aforesaid  is 
apportioned  in  manner  aforesaid  whose  several  particular  and 
apportioned  yearly  rent  aforesaid 'shall  be  behind  and  unpaid 
to  enter  into  and  upon  such  lot  and  lots  and  the  buildings 
thereon  to  be  erected  or  any  part  thereof  and  levy  the  said  ap- 
portioned rent  in  arrear  with  costs  and  charges  by  distress 
and  sale  of  the  goods  and  chattels  there  found  in  manner  and 
form  that  rents  now  are  or  hereafter  shall  be  by  law  recovera- 


APPORTIONMENT  OF  GROUNDRENT.  35 

ble  and  if  distress  sufficient  to  satisfy  such  apportioned  yearly 
rent  in  arrear  and  the  costs  and  charges  of  levying  the  satne 
cannot  be  found  and  taken  in  and  upon  the  said  htt  or  lots  for 
and  out  of  which  the  said  apportioned  yearly  rent  in  arrear  is 
hereby  charged  to  be  paid  and  to  issue  as  aforesaid  then  it 
shall  be  lawful  for  the  said  A  B  his  heirs  or  assigns  into  and 
upon  such  lot  or  lots  and  the  buildings  thereon  to  be  erected 
or  any  part  thereof  to  re-enter  and  the  same  to  have  again  re- 
possess and  enjoy  as  in  his  and  their  first  and  former  estate 
and  title  in  the  same  And  the  said  I)  E  for  himself  his  heirs 
executors  and  administrators  doth  hereby  covenant  promise 
grant  and  agree  to  and  with  the  said  A  B  his  heirs  and  assigns 
that  he  the  said  D  K  his  heirs  or  assigns  shall  and  will  from 
time  to  time  and  at  all  times  hereafter  well  and  truly  pay  or 
cause  to  be  paid  unto  the  said  AB  his  heirs  or  assigns  all  the 
said  four  several  apportioned  yearly  rents  aforesaid  when  and 
as  the  same  shall  respectively  from  time  to  time  grow  due  and 
payable  as  aforesaid  according  to  the  true  intent  and  mean- 
ing of  these  presents  and  that  free  and  clear  of  and  from  all 
deductions  or  abatements  for  or  on  account  of  any  taxes 
charges  or  assessments  whatsoever  it  being^  the  express  agree- 
ment of  the  said  parties  that  he  the  said  1)  E  his  heirs  and  as- 
signs shall  over  and  besides  the  said  four  several  apportioned 
yearly  rents  aforesaid  well  and  truly  pay  and  discharge  all 
and  singular  the  taxes  charges  rates  impositions  and  assess- 
ments whatsoever  which  by  virtue  of  any  law  or  ordinance 
now  in  existence  or  hereafter  to  be  made  now  are  and  shall 
and  may  be  laid  imposed  or  assessed  either  on  or  for  the  said 
four  last  above  described  lots  or  pieces  of  ground  and  the 
buildings  thereon  to  be  erected  or  on  or  for  the  said  four  seve- 
ral apportioned  yearly  rents  hereby  charged  to  be  tliereout 
respectively  issuing  as  aforesaid  without  any  allowance  to  be 
made  for  the  same  Provided  always  nevertheless  and  the  said 
A  B  for  liimsclf  his  heirs  executors  administrators  and  assigns 
doth  covenant  promise  grant  and  agree  to  and  with  the  said 
D  E  his  heirs  and  assigns  by  these  presents  that  if  the  said 
D  E  his  heirs  executors  administrators  or  assigns  shall  and 
do  at  any  time  within  the  space  of  seven  years  from  and  next 
after  the  first  day  of  April  next  ensuing  the  date  hereof  well 
and  truly  pay  or  make  legal  tender  to  pay  to  the  said  A  B  his 
heirs  or  assigns  the  just  and  full  sum  of  one  thousand  six 
hundred  and  sixty-six  dollars  and  sixty-seven  cents  lawlul 
money  aforesaid  for  any  one  of  the  said  four  several  appor- 
tioned yearly  rents  aforesaid  over  and  besides  all  arrearages 
of  such  apportioned  yearly  rent  in  the  mean  time  to  accrue  or 
at  and  after  the  same  rate  for  all  and  every  or  any  of  the  said 
four  several  apportioned  yearly  rents  then  and  immediately 
upon  such  payment  or  legal  tender  so  made  such  one  or  more 
or  all  and  every  of  the  said  four  several  apportioned  yearly 


88  GROUNDRENT    DEED. 

rents  that  the  said  D  E  his  heirs  or  assigns  shall  desire  to  have 
extinguished  shall  cease  and  determine  and  the  covenant  for 
payment  thereof  so  far  as  respects  the  apportioned  rent  or  rents 
intended  to  be  extinj>uished  sliall  be  void  and  of  none  effect 
and  thereupon  the  said  A  B  his  heirs  or  assigns  shall  and  will 
by  some  proper  deed  or  assurance  in  the  law  grant  release  and 
extinguish  such  one  or  more  or  all  and  every  of  the  said  four 
several  apportioned  yearly  rents  as  it  may  be  desired  by  the 
said  D  E  his  Jieirs  or  assigns  to  have  extinguisheil  and  all  his 
and  their  right  claim  interest  and  demand  in  or  to  the  said  lot 
or  lots  of  ground  for  and  out  of  which  the  said  rent  or  rents 
intendeil  to  be  extinguished  has  or  have  been  apportioned  to 
be  payable  as  aforesaid  witli  the  appurtenances  unto  the  said 
D  E  his  heirs  and  assigns  for  ever  any  thing  herein  before  or 
in  the  said  herein  above  recited  indenture  from  the  said  A  B 
and  C  his  wife  to  the  said  D  E  contained  to  the  contrary 
thereof  in  any  wise  notwithstanding 
In  witness  whereof  &c 

(To  be  executed,  with  a  counterpart,  by  all  the  parties.) 

Growidrent  Deed. 

This  Indenture  made  the  —  day  of —  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  thirty  between  A  B  of 
the  city  of  Philadelphia  in  the  State  of  Pennsylvania  gentle- 
man and  Mary  his  wife  of  the  one  part  and  C  D  of  the  said 
city  house  carpenter  of  the  other  part  Witnesseth  that  the  said 
A  B  and  Mary  his  wife  as  w^ell  for  and  in  consideration  of  the 
sum  of  one  dollar  law^ful  mone}^  unto  them  at  or  before  the 
sealing  and  delivery  hereof  by  the  said  C  D  well  and  truly- 
paid  the  receipt  whereof  is  hereby  acknowledged  as  of  the 
payment  of  the  yearly  rent  and  taxes  and  performance  of  the 
covenants  and  agreements  herein  after  mentioned  which  on 
the  part  of  the  sa'id  C  D  his  heirs  and  assigns  is  and  are  to  be 
paid  and  performed  have  granted  bargained  sold  aliened  en- 
feoffed released  and  confirmed  and  by  these  presents  do  grant 
bargain  sell  alien  enfeoff  release  and  confirm  unte  the  said 
C  D  his  heirs  and  assigns  all  that  certain  lot  or  piece  of  ground 
situate  &c  (here  describe  the  property)  [being  part  and  parcel 
of  a  large  lot  of  ground  which  E  F  of  the  said  city  Esquire 
and  Ann  his  wife  by  indenture  bearing  date  the  —  day  of  — 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
twenty-five  recorded  in  the  office  for  recordin,^  of  deeds  in 
and  for  the  city  and  county  of  Philadelphia  In  deed  book 
G  W  R  No  —  page  —  ifcc  granted  and  conveyed  unto  the 
said  A  B  in  fee]  Together  with  the  free  use  and  privilege  of 
the  aforesaid  three  feet  wide  alley  leading  from  the  northend 
of  the  said  hereby  granted  lot  of  ground^  into  —  street  afore- 
said and  of  ingress  egress  and  regress  into  upon  through  along 


OROUNDIIRNT    DEKD.  ST 

and  out  of  the  same  alley  at  all  times  hereafter  for  ever  in 
common  with  the  said  A  B  his  heirs  and  assio;ns  owners 
tenants  and  occupiers  of  the  other  lots  of  2;round  bounding 
thereon  Also  the  free  and  uninterrupted  riijhl  libertv  and 
privilege  of  a  watercourse  in  upon  and  throuu;li  the  saiti  alley 
from  the  said  hereby  granted  lot  of  ground  into  —  street 
aforesaid  and  also  to  lay  in  the  said  alley  pipes  of  conduit  and 
therein  to  introduce  the  Schuylkill  water  from  the  main  pipe 
laid  in  the  said  —  street  into  the  said  hereljy  granted  premises 
and  to  maintain  and  keep  and  from  time  to  time  to  repair  and 
renew  the  said  pipes  of  conduit  in  and  throughout 'the.  said 
alley  as  often  as  need  be  or  occasion  shall  require  without  any 
molestation  or  interruption  whatsoever  And  together  with  all 
and  singular  the  buildings  ways  streets  alleys  passages  waters 
water  courses  rights  liberties  privileges  hereditaments  and 
appurtenances  whatsoever  unto  the  said  hereby  granted  pre- 
mises belonging  or  in  any  wise  appertaining  and  the  rever- 
sions and  remainders  thereof  To  have  and  to  hold  the  said 
described  lot  or  piece  of  ground  hereditaments  and  premises 
hereby  granted  with  the  appurtenances  unto  the  said  C  D  his 
heirs  and  assigns  to  the  only  proper  use  and  behoof  of  the  said 
C  D  his  heirs  and  assigns  forever  Yielding  and  paying  there- 
for and  thereout  unto  the  said  A  B  his  heirs  and  assigns  the 
yearly  rent  or  sum  of  sixty  dollars  lawful  silver  money  of  the 
tjnited  States  of  America  each  dollar  weighing  seventeen 
pennyweights  and  six  grains  at  least  in  two  equal  half  yearly 
payments  on  the  first  day  of  the  months  of  January  and  July 
in  every  year  hereafter"  for  ever  without  any  deduction  de- 
falcation or  abatement  for  or  on  account  of  any  taxes  charges 
or  assessments  whatsoever  to  be  assessed  either  on  and  for  the 
said  hereby  granted  lot  and  the  buildings  thereon  erected  or 
to  be  erected"  or  on  and  for  the  said  yearly  rent  hereby  and 
thereout  reserved  the  fn-st  half  yearly  payment  thereof  to  be 
made  on  the  first  day  of  July  one  thousand  eight  hundred  and 
thirty-one  And  on  default  of  paying  the  said  yearly  rent  on 
the  days  or  times  and  in  manner  aforesaid  it  shall  and  may  be 
lawful  for  the  said  A  B  his  heirs  and  assigns  into  and  upon 
the  said  hereby  granted  premises  or  any  part  thereof  and  into 
the  buildings  thereon  erected  or  to  be  erected  to  enter  and 
levy  the  rent  arrear  with  costs  and  charges  by  distress  and 
sale  of  the  goods  and  chattels  there  found  in  manner  and  form 
that  rents  now  are  or  hereafter  shall  be  by  law  recoverable 
But  if  sufficient  distress  cannot  be  found  and  taken  upon  the 
said  hereby  granted  premises  to  satisfy  tlie  said  yearly  rent 
in  arrear  and  the  costs  and  charges  of  levying  the  same  then 
and  in  such  case  it  shall  and  may  be  lawful  for  the  said  A  B 
his  heirs  and  assigns  into  and  upon  the  said  hereby  granted 
lot  and  all  improvements  thereon  wholly  to  re-enter  and  the 
same  to  have  again  repossess  and  enjoy  as  in  his  and  their 
first  and  former  estate  and  title  in  the  same  and  as  though  this 


S8  GROUNDREXT    DIED. 

indenture  had  never  been  made    And  the  said  C  D  for  him- 
self his  heirs  executors  administrators  and  assigns  doth  cove- 
nant promise  and  agree  to  and  with  the  said  A  B  his  heirs 
and  assigns  by  these  presents  that  he  the  said  C  D  his  he.irs 
and  assigns  shall  and  will  well  and  truly  pay  or  cause  to  be 
paid  to  the  said  A  B  his  heirs  and  assigns  the  aforesaid  yearly 
rent  or  sum  of  sixty  dollars  lawful  silver  money  aforesaid  on 
the  days  and  times  in  each  and.  every  year  for  ever  herein 
before  mentioned  and  appointed  for  payment  thereof  without 
any  deduction  defalcation  or  abatement  for  or  on  account  of 
any  iaxes  charges  or  assessments  whatsoever  it  being  the  ex- 
press agreement  of  the  said  parties  that  the  said  C  D  his  heirs 
and  assigns  shall  over  and  t^esides  the  said  yearly  rent  hereby 
reserved  pay  all  taxes  whatsoever  that  shall  hereafter  be  laid 
levied  or  assessed  by  virtue  of  any  laws  whatever  as  well  on 
the  said  hereby  granted  lot  and  buildings  thereon  erected  or 
to  be  erected  as  on  the  said  yearly  rent  now  charged  thereon 
without  any  allowance  to  be  made  for  the  same    Also  that  he 
the  said  C  I)  his  heirs  or  assigns  shall  and  will  within  twelve 
months  from  the  date  hereof  erect  build  and  finish  upon  the 
said  hereby  granted  lot  one  good  substantial  brick  dwelling 
house  of  sufficient  value  to  secure  the  said  yearly  rent  hereby 
reserved*   Provided  always  nevertheless  That  if  the  said  C  D 
his  heirs  or  assigns  shall  and  do  at  any  time  within  seven  years 
from  the  date  hereof  pay  or  cause  to  be  paid  to  the  said  A  B 
his  heirs  or  assigns  the  just  and  full  sum  of  one  thousand  dol- 
lars lawful  money  aforesaid  and  the  arrearages  of  the  said 
yearly  rent  to  the  time  of  such  payment  thenthe  said  yearly 
rent  hereby  reserved  shall  for  ever  thereafter  cease  and  be 
extinguished  and  the  covenant  for  payment  thereof  shall  be- 
come void  and  then  he  the  said  A  B  his  heirs  or  assigns 
shall  and  will  at  the  proper  costs  and  charges  in  the  law  of  the 
said  C  D  his  heirs  or  assigns  by  some  proper  deed  or  assur- 
ance in  the  law  to  be  well  and  sufficiently  executed  and  ac- 
knowledged grant  release  and  extinguish  the  said  yearly  rent 
hereby  reserved  and  all  his  and  their  estate  and  interest  in 
and  to  the  said  lot  of  ground  hereby  granted  with  the  appur- 
tenances unto  the  said  C  D  his  heirs  and  assigns  for  ever  any 
thing  herein  before  contained  to  the  contrary  thereof  notwith- 
standing And  the  said  A  B  for  himself  his  heirs  executors  and 
administrators  doth  covenant  promise  and  agree  to  and  with  the 
said  C  D  his  heirs  and  assigns  by  these  presents  that  he  the 

•  If  it  be  intended  that  the  groundrent  be  irredeemable,  then  this  pro- 
viso must  be  omitted — so  also,  if  the  tenant  is  not  to  be  bound  to  improve, 
the  covenant  to  build  must  also  be  omitted. 

There  must  be  a  counterpart  of  this  deed;  and  both  the  deed  and  its 
counterpart  must  be  executed  and  acknowledged  by  all  the  parties  to  it. 
See  the  form  of  acknowledgment  for  husband  and  wife,  under  the  head 
of  acknowledgments,  &c.  which  is^suitably  adapted  to  this  deed;  to  which 
add  the  insertion  of  the  name  of  the  tenant. 


DEED  OP  CONVEYANCE  SUBJECT  TO   MORTGAGE.  39 

said  C  D  his  heirs  and  assigns  paying  the  said  yearly  rent  and 
taxes  or  extinguishing  the  said  rent  by  purchase  and  performing 
the  covenants  and  agreements  aforesaid  shall  and  may  at  all 
times  hereafter  for  ever  freely  peaceahly  and  quietly  have  hold 
and  enjoy  all  and  singular  the  premises  hereby  granted  with  the 
appurtenances  and  receive  and  take  the  rents  issues  and  profits 
thereof  without  any  molestation  inteiTuption  or  eviction  of 
him  the  said  A  B  or  his  heirs  or  of  any  other  person  or  per- 
sons whomsoever  lawfully  claiming  or  to  claim  by  from  or 
under  him  them  or  any  of  t^iem  or  by  or  with  his  their  or 
any  of  their  act  means  consent  or  procurement  In  witness 
whereof  the  said  parties  have  interchangeably  set  their  hands 
and  seals  hereunto    Dated  the  day  and  year  first  above  written 

Sealed  and  delivered  in  the  7 
presence  of  us  3 

Form  of  a  Conveyance,  in  which  part  of  the  purchase 
money,  to  be  secured  by  a  mortgage,  is  expressly  charged^ 
in  the  conveyance,  ujjon  the  bargained  property. 

Tins  Indenture  made  &c  between  A  li  of  the  city  of  Phila- 
delphia Esquire  and  C  his  wife  of  the  one  part  and  1)  E  of  (!»e 
said  city  carpenter  of  the  other  part  witnesseth  that  the'said 
A  B  and  C  his  wife  as  well  for  and  in  consiilcraiion  of  the  sum 
of  one  thousand  dollars  lawful  money  of  the  United  Slates 
(part  of  the  purchase  money)  unto  them  in  hand  well  and  truly 
paid  by  the  said  D  E  at  or  before  the  sealing  and  delivery 
hereof  the  receipt  whereof  is  hereby  acknowledged  as  also  iii 
consideration  of  the  further  sum  of  two  thousand  dollars  like 
money  (the  residue  of  the  purchase  money)  to  be  secured  to 
be  paid  with  interest  by  a  mortgage  of  the  lot  or  piece  of  ground 
herein  after  described  to  be  made  and  given  by  the  said  D  E 
to  the  said  A  B  and  to  be  executed  by  the  said  D  E  at  the  in- 
stant next  after  the  execution  of  this  indenture  and  fortiiwith 
acknowledged  and  recorded  have  granted  bargained  and  sold 
aliened  enfeoffed  released  and  confirmed  and  by  these  presents 
they  the  said  A  B  and  C  his  wife  do  grant  bar;:ain  and  sell 
alien  enfeoff'  release  and  confirm  unto  the  said  D  E  Ins  heirs 
and  assigns  subject  to  the  said  mortgage  to  be  executed  as 
aforesaid  All  that  certain  lot  or  piece  of  ground  situate  &c 
together  also  with  all  and  singular  the  wavs  alleys  passages 
waters  water  courses  rights  liberties  privileges  hereditaments 
and  appurtenances  whatsoever  thereunto  belonging  or  in  any 
wise  appertaining  and  the  reversions  and  remainders  rents 
issues  and  profits  thereof  and  all  the  estate  riglit  title  interest 
property  claim  and  demand  whatsoever  of  him  the  said  A  B 
and  C  his  wife  cither  in  law  or  equity  of  in  and  to  the  same 
To  have  and  to  hold  the  said  described  lot  or  piece  of  ground 
hereditaments  and  premises  hereby  granted  with  the  a[)purte- 


40  RELEASE  OF    DOWKR. 

nances  unto  the  said  D  E  his  heirs  and  assi;2;ns  to  and  fcr  the 
onlv  prapcr  use  and  behoof  of  liim  the  said  D  E  his  heirs  and 
assio-ns  lur  ever  subject  nevertheless  to  and  hereby  expressly 
charged  and  made  chargeable  with  the  payment  of  the  afore- 
said principal  sun>  of  two  thousand  dollars  and  the  interest  to 
accrue  thereon  to  be  secured  by  the  said  mortgage  to  be  ex- 
ecuted by  the  said  D  E  and  acknowledged  and  recorded  as 
aforesaid  And  the  said  A  B  for  Ijimself  his  heirs  executors  and 
administrators  doth  covenant  grant  aad  agree  to  and  with  the 
said  D  K  his  heirs  and  assigns,  by  these  presents  that  he  the 
said  A  B  and  his  heirs  the  said  described  lot  or  piece  of  ground 
hereditaments  and  premises  hereby  granted  with  the  appurte- 
nances unto  the  said  D  E  his  heirs  and  assigns  subject  and 
charged  as  aforesaid  against  himself  the  said  A  B  and  his  heirs 
and  against  all  and  every  other  person  and  persons  whomso- 
ever lawfully  claiming  or  to  claim  by  from  or  under  him  them 
or  any  of  them  shall  and  will  warrant  and  for  ever  defend  by 
these  presents.     In  witness  &c 

Release  of  Dower,  by  Husband  and  Wife,  the  Husband 
having  previously  sold  and  conveyed  to  the  purchaser. 

To  all  to  whom,  these  presents  shall  come  A  B  of —  in  the 
State  of  New  York  yeoman  and  C  his  wife  send  greeting 
Whereas  the  said  A  B  by  indenture  bearing  date  the  seventli 
day  of  March  last  past  for  the  consideration  therein  mentioned 
hath  granted  bargained  sold  aliened  enfeofted  released  and 
confirmed  unto  D  E  of  the  city  of  Pliiladelphia  hatter  his  heirs 
and  assigns  all  that  certain  messuage  and  lot  or  piece  of  ground 
situate  ik,c  together  with  the  appurtenances  to  hold  to  him  the 
said  D  E  his  heirs  and  assigns  for  ever  And  whereas  it  was 
the  intent  of  the  said  partii'S  at  the  time  of  the  contract  for 
the  bargain  and  sale  of  the  said  preniises  to  the  said  D  E  that 
the  saitl  C  the  wife  of  the  said  A  B  should  be  barred  of  her 
right  of  dower  of  and  in  the  premises  in  case  she  should  sur- 
vive her  said  husband  but  she  not  being  at  the  city  of  Phi- 
ladelphia at  the  time  could  not  be  made  a  party  to  the  said 
indenture  but  is  nevertheless  willing  and  desirous  to  carry 
the  said  contract  into  execution  Now  therefore  know  ye  that 
Ihe  said  A  B  and  C  his  wife  for  and  in  consideration  of  the 
premises  above  set  forth  and  of  the  further  sum  of  one  dollar 
to  them  in  hand  paid  at  the  time  of  the  execution  hereof  the 
receipt  whereof  is  hereby  acknowledged  have  remised  released 
and  for  ever  quit-claimed  and  by  these  presents  do  remise  re- 
lease and  for  ever  quit-claim  unto  the  said  D  E  his  heirs  and 
assigns  for  ever  all  and  all  manner  of  dower  and  right  and 
title  and  claim  of  dower  whatsoever  of  in  and  to  the  said  mes- 
suage and  lot  or  piece  of  ground  with  the  appurtenances  which 
may  accrue  to  her  the  said  C  by  the  death  of  her  said  husband 


DEED    FROM    A    CORPORATION.  41 

in  her  lifelime  so  that  lie  the  said  D  K  his  heirs  and  assijjns 
shall  and  may  have  hold  and  enjoy  the  said  mes^uajre  and  lot 
or  piece  of  ground  and  premises  with  th*^  appurtenances  and 
every  part  and  parcel  thereof  fur  ever  freely  and  clearly  ex- 
onerated and  discharged  from  the  said  right  title  and  claim  of 
dower  as  luilv  as  if  she  the  said  C  had  heen  a  party  to  the  said 
above  recited  indenture  and  had  execiiteil  and  in  due  form  of 
law  acknowledged  the  same  and  so  that  neither  she  the  said  (' 
nor  any  person  or  persons  for  her  or  in  her  name  any  manner  of 
dower  or  writ  or  action  of  dower  or  any  other  right  title  claim 
or  demand  of  in  or  to  the  said  premises  or  any  part  fhereof  at 
any  time  hereafter  shall  or  may  have  claim  challenge  demand 
or  prosecute  against  the  said  D  E  his  heiis  and  assigns  or  any 
of  them  but  of  and  from  the  same  shall  be  utterly  barred  and 
for  ever  excluded  by  these  presents  In  witness  whereof  the 
said  A  B  and  C  his  wife  have  hereunto  set  their  hands  and 
seals  the  —  day  of —  ike 

Deed  from  a  Corporation,  and  proof  of  its  Execution. 

This  Indenture  made  the  —  day  of —  in  the  year  of  our 
Lord  &c  between  the  corporation  by  the  name  st)]e  and  title 
of"  I'hc  President  Directors  and  Company  of  the  Bank  of  the 
"  United  States"  of  the  one  part  and  A  B  of  the  city  of  Phi- 
ladelphia in  the  State  of  Pennsylvania  s;entleman  of  the  other 
part  Witnesseth  that  the  said  The  president  directors  and  com- 
pany of  the  bank  of  tlie  United  States  for  and  in  consideration 
of  the  sum  of —  lawful  money  of  the  United  States  unto  them 
in  hand  well  and  truly  paid  hy  the  said  A  B  at  the  time  of  the 
execution  hereof  the  receipt  whereof  is  hereby  acknowledi>;'id 
have  granted  bargained  and  sold  aliened  enfeolled  releasefl 
and  confirmed  and  by  these  presents  do  grant  hnrgain  and 
sell  alien  enfeofT  release  and  confirm  unto  the  said  A  B  and 
to  his  heirs  and  assigns  All  that  certain  brick  messuage  or 
tenement  and  lot  or  piece  of  ground  thereunto  belonging 
situate  on  the  south  side  of —  street  between  the  Front  and 
Second  streets  from  Delaware  in  the  city  of  Philadelphia 
aforesaid  containing  in  front  or  hreadth  on  the  said  —  street 
—  feet  and  in  Icngtii  or  dej)th  —  feet  bounded  &.c  [being  the 
same  premises  which  C  D  of  the  said  city  merchant  in  and  by 
a  certain  indenture  bearing  date  the  —  day  of —  one  thousand 
eight  hundred  and  twenty  recorded  at  Philadelj^hia  in  deed 
book  —  No  —  page  —  &c  granted  and  conveyed  unto  K  F 
of  the  said  city  merchant  in  fee  and  which  G  H  Esq  High 
Sherifl'of  the  city  and  county  of  Philadelphia  did  sei/.e  and 
take  in  execution  as  the  estate  of  the  said  E  F-  by  virtue  of 
legal  process  issued  out  of  the  district  court  in  and  for  the 
city  and  county  of  Philadelphia  at  the  suit  of  J  K  and  which 
the  said  Sheriff  did  sell  and  bv  deed-poll  under  his  hand  and 

G 


42  DEED  FROM  A  CORPORATION; 

seal  duly  executed  bearing  date  the  —  day  of — one  thousand 
eight  hundred  and  twenty-five  acknowledged  in  open  district 
court  aforesaid  and  entered  amongst  the  records  of  the  said 
court  in  Sheriflf's  deed  book  C  page  &c  did  grant  convey  and 
confirm  unto  the  said  The  president  directors  and  company  of 
the  bank  of  the  United  States  their  successors  and  assigns  for 
ever]  Together  also  with  all  and  singular  the  buildings  im- 
provements ways  alleys  passages  waters  water  courses  rights 
liberties  privileges  hereditaments  and  appurtenances  whatso- 
ever thereunto  belonging  or  in  any  wise  appertaining  and  the 
reversions  and  remainders  rents  issues  and  profits  thereof  and 
all  the  estate  right  title  interest  property  claim  and  demand 
whatsoever  of  them  the  said  The  president  directors  and  com- 
pany of  the  bank  of  the  United  States  either  in  law  or  equity 
of  in  and  to  the  same  To  have  and  to  hold  the  said  messuage 
or  tenement  and  lot  or  piece  of  ground  above  described  here- 
ditaments and  premises  hereby  granted  bargained  and  sold  or 
mentioned  or  intended  so  to  be  with  the  appurtenances  unto 
the  said  A  B  his  heirs  and  assigns  to  and  for  the  only  proper 
use  and  behoof  of  him  the  said  A  B  his  heirs  and  assigns  for 
ever  And  the  said  The  president  directors  and  company  of 
the  bank  of  the  United  States  for  themselves  and  their  suc- 
cessors do  hereby  covenant  grant  and  agree  to  and  with  the 
said  A  B  his  heirs  and  assigns  that  they  the  said  The  president 
directors  and  company  of  the  bank  of  the  United  States  and 
their  successors  all  and  singular  the  said  hereby  granted  pre- 
mises with  the  appurtenances  unto  the  said  A  B  his  heii-s  and 
assigns  against  them  tlie  said  The  president  directors  and  com- 
pany of  the  bank  of  the  United  States  and  their  successors  and 
against  all  and  every  other  person  and  persons  whomsoever 
lawfully  claiming  or  to  claim  by  from  or  under  them  or  any 
or  either  of  them  shall  and  will  warrant  and  for  ever  defend 
by  these  presents  In  testimony  whereof  the  said  The  presi- 
dent directors  and  company  of  the  bank  of  the  United  States 
have  hereunto  affixed  the  common  seal  of  their  said  corpora- 
tion at  Pliiladelphia  the  daj^  and  year  first  above  written 
Quod  attestor  C  seal  of. the  7 

N  B  President  (.corporation. 3 

Received  the  day  of  the  date  of  the  above  written  indenture 
of  the  above  named  A  B  the  sum  of—  being  the  full  consi- 
deration money  above  mentioned  for  the  president  directors 
and  company  of  the  bank  of  the  United  States. 
Witnesses  present 

Wm  J  M  Cashier 

City  of  Philadelphia,  ss. 

Be  it  remembered  that  on  the  —  day  of  —  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  thirty  before  me 
B  W  R  Esquire  mayor  of  the  said  city  personally  appeared 
N  B  Esquire  president  of  the  at)ove  namdd  corporation  and 


being  duly  sworn  deposelh  and  sailh  that  he  was  personally 
present  at  the  execution  of  the  above  written  indenture  or 
deed  of  conveyance  and  saw  the  common  seal  of  the  said  cor- 
poration of  the  president  directors  and  company  of  the  bank 
of  the  United  States  duly  affixed  thereto  and  that  the  seal  so 
affixed  thereto  is  the  common  and  corporate  seal  of  the  said 
The  president  directors  and  company  otthe  bank  of  the  United 
States  and  that  the  above  written  indenture  or  deed  of  con- 
veyance was  duly  sealed  and  delivered  by  and  as  and  for  the 
act  and  deed  of  the  said  The  j)resident  directors  and  company 
of  the  bank  of  the  United  States  for  the  uses  and  purposes 
therein  mentioned  and  that  the  name  of  this  deponent  sub- 
scribed to  the  said  deed  as  president  of  the  said  corporation 
in  attestation  of  the  due  execution  and  delivery  of  the  said 
deed  is  of  this  dc[)onent's  own  proper  and  respective  hand- 
writing* N  B 

Sworn  and  subscribed  the  day  and'^ 
year  aforesaid  before  me  witness  ^ 
my  hand  and  seal  j 

BWRMayor     (l.s.) 

Eelcase  under  the  Mechanic's  Lien  Law. 

Know  all  men  that  wc  the  subscribers  for  and  in  considera- 
tion of  the  sum  of  one  dollar  a  piece  lawful  money  to  us  in 
hand  paid  b}'  J  M  of  the  city  of  Philadelphia  niercliant  the 
receipt  whereof  is  hereby  acknowledged  and  also  for  divers 
other  good  and  valuable  causes  and  considerations  us  there- 
unto moving  have  and  each  ami  every  of  us  hath  remised  re- 
leased and  forever  quit-claimed  and  by  these  presents  for 
ourselves  severally  and  for  our  several  and  respective  heirs 
executors  administrators  partners  and  assigns  do  and  each 
and  every  of  us  doth  remise  release  and  forever  qujt-claim 
unto  the  said  J  M  his  heirs  executors  administrators  and  as- 
signs all  and  all  manner  of  action  and  actions  suit  and  suits 
debts  dues  duties  reckonings  acccounts  sum  and  sums  of 
money  liens  claims  damages  and  demands  whatsoever  which 
against  the  said  J  M  or  against  a  certain  three  story  brick 


•  A  Corporation  is  an  imaginary  being;  a  creature  of  law,  which  cannot 
act  otherwise  than  as  prescribed  i)"y  law.  Its  Deeds  are  autlienticated  by  its 
common  seal,  and  that  seal  must  be  proved.  It  is  one  of  those  public  mat- 
ters of  which  individuals  are  bound  to  take  notice.  It  is  not  necessary  that 
the  affixing  of  the  seal  must  be  proved  by  a  witness  who  was  present  and 
saw  it  done. — But  tlie  seal  itself,  tliat  is,  the  impression  must  be  proved  by 
some  person  who  knows  tlie  device,  motto,  &c.  Per  Chf  Justice  Tilghman 
in  the  case  of  Leazure  v.  Hillcgas,  7  Scrg.  St.  Rawle,  p.  313.  See  also  10 
Jolms.  R.381,  and  Peak's  Law  of  Evidence,  48  note  and  72. 

In  grants  made  to  Corporations,  the  word  "  Successors,"  must  be  used 
instead  of  "heirs,"  when  it  is  imcndcd  to  pass  a  fee  simple. 


44  RELEASES. 

house  and  two  story  kitchen  and  wash-house  and  other  the 
buildings  and  improvements  erected  built  and  made  upon  his 
lot  of  ground  situate  &,c  or  any  psirt  or  parcel  thereof  we  or 
any  or  either  of  us  ever  had  now  have  or  which  we  or  any  or 
either  of  us  our  (»r  any  or  either  of  our  heirs  executors  admi- 
nistrators partners  or  assigns  shall  or  may  have  claim  challenge 
or  demand  for  or  by  reason  of  any  work  workmansliip  or  labor 
done  or  materials  of  any  kind  found  and  provided  or  furnished 
for  or  in  the  erecting  and  constructing  of  the  said  house  kitchen 
wash-house  and  other  buildings  and  improvements  aforesaid 
or  any  part  thereof  or  for  or  by  reason  of  any  act  matter  cause 
or  thing  whatsoever  thereto  in  any  wise  relating  In  witness 
whereof  we  have  hereunto  set  our  hands  and  seals  &c. 

Another  form  of  Release  of  Mechanic's  Liens,  lohere  the 
personal  liability  of  the  owner  is  accepted  instead  of  the 
Liens. 

Know  all  men  that  we  the  subscribers  in  considero.tion  of 
one  dollar  a  piece  to  us  in  hand  paid  by  J  M  of  the  city  of 
Philadelphia  merchant  at  the  time  of  the  execution  hereof  the 
receipt  whereof  is  hereby  acknowledged  and  for  other  good 
and  valuable  causes  and  considerations  us  thereunto  moving 
have  and  hereby  do  for  ourselves  our  heirs  executors  adminis- 
trators partners"'  and  assigns  respectively  remise  release  and 
for  ever  quit-claim  unto  the  said  J  M  his  heirs  executors  ad- 
ministrators and  assigns  all  and  all  manner  of  actions  suits 
liens  claims  right  estate  title  interest  and  demand  whatsoever 
which  we  respectively  have  or  may  or  can  have  in  any  way 
in  to  or  against  a  certain  three  storied  brick  house  &c  (de- 
scribing the  situation)  more  especially  by  virtue  of  the  law  or 
laws  of  Pennsylvania  passed  for  securing  to  mechanics  and 
others  payment  for  their  work  and  for  the  labor  and  rnaterials 
found  and  provided  or  furnished  for  or  in  the  et;ecting  aiid 
constructing  of  any  house  or  other  building  within  the  said 
city  &c  we  being  content  to  relv  on  the  personal  responsi- 
bility of  the  said  J  M  for  any  claim  or  claims  that  we  respec- 
tively have     In  witness  whereof  &.c 

Release  from  the  Lien  of  Judgments  endorsed  on  the  Deed 
convey i7ig  the  jjroperty  bound  thereby  to  a  jmrchaser. 

Whereas  there  are  certain  judgments  confessed  and  entered 
or  being  on  the  docket  of  the  supreme  court  for  the  eastern 
district' of  Pennsylvania  in  favour  of  A  B  against  C  D  which 
judgments  are  liens  on  and  do  bind  the  real  estate  holden  by 
the  said  C  D  at  the  time  they  were  confessed  or  entered  And 
whereas  the  property  described  and  conveyed  in  and  by  the 
within  written  indenture  was  holden  by  the  said  C  D  at  the 
time  when  the  said  judgments  were  confessed  or  entered  and 


WILLS.  45 

the  said  A  B  is  desirous  of  discharging  the  said  property  with- 
in described  from  all  lien  or  obhgation  from  the  said  judp;- 
menls  arisin^r  Now  it  is  hereby  witnessed  that  the  said  A  B 
at  the  instance  of  the  o;rantors  within  named  and  in  considera- 
tion of  one  dollar  to  him  paid  by  E  F  the  j^rantee  within 
named  at  the  time  of  the  execution  hereof  the  receipt  whereof 
is  hereby  acknowledged  hath  granted  released  and  confirmed 
quit-claimed  and  for  ever  dischar^^ed  and  by  these  presents 
doth  grant  release  and  confirm  quit-claim  and  for  ever  dis- 
charge unto  the  said  E  F  his  heirs  and  assigns  all  and  all  man- 
ner of  lien  obligation  right  title  interest  property  daim  and 
demand  whatsoever  which  he  the  said  A  ii  hath  or  may  have 
by  reason  of  the  said  judgments  or  any  other  judgments  in  his 
favour  against  the  said  C  D  on  in  or  to  the  property  lands 
tenements  and  hereditaments  in  the  within  written  indenture 
described  set  forth  and  granted  In  witness  whereof  the  said 
A  B  hath  hereunto  set  his  hand  and  seal  the  —  day  of  —  &c. 

Another  Release  from  the  Lien  of  a  Judgment. 

Whereas  J  D  of  the  city  of  Philadelphia  has  obtained  a 
judgment  in  the  district  court  for  the  city  and  county  of  Phi- 
ladelphia against  A  C  of  the  city  of  Philadcl])hia  carpenter  for 
the  sum  of  eight  hundred  dollars  besides  costs  which  judg- 
ment now  remains  a  lien  on  all  the  real  estate  of  the  said  A  C 
within  the  city  and  county  aforesaid  And  whereas  the  said 
A  C  hath  requested  that  all  those  brick  messuages  or  tene- 
ments and  lot  and  lots  of  ground  situate  Sic  (conveyed  to  him 
by  E  F  and  wife)  should  be  exonerated  and  discharged  from 
the  lien  and  operation  of  the  judgment  aforesaid  Now  know 
ye  that  the  said  J  D  favouring  the  request  of  the  said  A  C 
and  in  consideration  of  one  dollar  lawful  money  unto  him  at 
the  execution  hereof  by  the  said  A  C  well  and  truly  paid  the 
receipt  whereof  is  hereby  acknowledged  hath  and  hereby 
doth  exonerate  and  discharge  the  above  described  messuages 
or  tenements  and  lot  and  lots  of  ground  and  premises  afore- 
said with  the  appurtenances  of  and  from  the  lien  and  obliga- 
tion of  the  said  judgment  and  of  and  from  all  suits  actions 
process  executions  costs  damages  and  demands  whatsoever 
for  or  on  account  or  by  reason  of  the  same  Provided  however 
that  nothing  herein  contained  shall  be  construed  so  as  to  im- 
pair the  operation  of  the  said  judgment  against  the  said  A  C 
and  his  estates  other  tlian  against  the  messuages  or  tenements 
and  lot  and  lots  of  ground  herein  before  expressly  mentioned 
and  described  In  \vitness  whereof  the  said  J  1)  hath  here- 
unto set  his  hand  and  seal  the  —  day  of —  &,c 

JVill  containing  trusts  of  Legacies,  and  providing  for 
their  increase  for  the  benefit  of  minor  children^  Src. 

Be  it  remembered  that  I  A  B  of  the  city  of  Philadelphia  in 


46  WILLS. 

the  State  of  Pennsylvania  merchant  being  of  sound  mind  and 
memory  do  make  and  ordain  tliis  my  last  will  and  testament 
in  manner  and  form  following  that  is  to  say  As  for  and  con- 
cerning all  my  temporal  estate  I  do  hereby  dispose  of  the 
same  as  followeth  viz  First  I  will  that  my  just  debts  and  fune- 
ral expenccs  be  duly  paid  and  discharged 

Item  1  give  and  bequeath  unto  my  two  brothers  C  B  and 
D  B  and  the  survivor  of  them  and  the  executors  and  adminis- 
trators of  such  survivor  the  sum  of  thirty  thousand  dollars 
lawful  money  of  the  United  States  of  America  to  be  paid  to 
them  within  six  months  after  my  decease  In  trust  neverthe- 
less that  they  the  said  C  B  and  D  B  or  the  survivor  of  them 
or  the  executors  or  administrators  of  such  survivor  shall  and 
will  as  soon  as  they  conveniently  can  after  receiving  the  said 
legacy  invest  the  same  in  good  and  secure  mortgages  of  real 
estate  bearing  interest  payable  at  least  half  yearly  or  in  city 
stocks  of  any  or  either  or  all  of  the  cities  of  New  York  Plii- 
ladelphia  or  Baltimore  or  in  the  funded  debt  of  the  United 
States  or  of  any  State  or  in  the  capital  stock  of  any  incorpo- 
rated bank  or  banks  or  other  incorporated  company  or  in  any 
or  either  or  all  of  these  modes  of  investment  as  they  my  said 
trustees  in  their  discretion  shall  or  may  think  proper  and  most 
beneficial  and  take  such  mortgages  and  transfers  of  stocks  and 
debt  and  all  the  evidences  and  securities  thereof  to  them  and 
in  their  names  as  such  trustees  aforesaid  and  hold  the  same  in 
trust  for  the  uses  and  purposes  herein  after  mentioned  and 
appointed  that  is  to  say  Upon  special  trust  and  confidence  that 
they  the  said  C  B  and"  D  B  or  the  survivor  of  them  or  the  ex- 
ecutors or  administrators  of  such  survivor  shall  and  will  from 
time  to  time  receive  and  take  the  interest  income  dividends 
and  produce  of  the  investments  so  to  be  made  as  aforesaid  as 
the  same  shall  from  time  to  time  accrue  and  grow  due  and 
payable  and  shall  and  will  appropriate  and  apply  so  much  of 
the  said  interest  income  dividends  and  produce  as  shall  be 
necessary  for  that  purpose  to  the  comfortable  maintenance 
support  and  education  of  my  daughter  E  B  for  the  first  year 
after  my  decease  and  then  and  thereupon  without  loss  of  time 
to  invest  the  surplus  of  the  said  interest  income  dividends  and 
produce  in  such  like  securities  as  aforesaid  which  will  then 
become  a  new  and  further  principal  yielding  interest  and  to 
continue  from  time  to  time  to  receive  the  interest  income  di- 
vidends and  produce  of  tlie  investments  of  the  said  legacy  and 
also  of  the  said  increase  thereof  as  the  same  shall  from  time  to 
time  accrue  and  grow  due  and  payable  and  after  appropriat- 
ing and  applying  so  much  of  the  said  interest  income  divi- 
dends and  produce  as  shall  be  necessary  for  the  comfortable 
maintenance  support  and  education  of  my  said  daughter  E  B 
for  the  second  year  after  my  decease  then  again  to  invest  the 
surplus  of  the  said  interest  "income  dividends  and  produce  in 


WILLS.  47 

such  like  securities  as  aforesaid  vvhicli  will  tjicn  also,  become 
a  new  and  further  j)rincipal  yielding  interest  and  so  to  con- 
tinue from  time  to  time  to  receive  the  interest  income  divi- 
dends and  produce  of  the  investments  of  the  said  legacy  of 
thirty  thonsand  dollars  and  also  of  the  several  increases  thereof 
as  aforesaid  as  the  same  shall  from  time  to  time  accrue  and 
grow  due  and  payalde  and  after  aj)piopriating  and  applying 
so  nuich  of  the  said  interest  income  dividends  and  ])roduce  as 
shall  he  necessary  for  the  comfortable  maintenance  support 
and  education  of  my  said  daughter  E  h  for  the  third  year 
after  my  decease  then  again  to  invest  the  surplus  of  the  said 
interest  income  dividends  and  produce  in  such  like  securities 
as  aforesaid  which  will  then  also  become  a  new  and  fui-lher 
principal  yielding  interest  and  so  to  continue  on  from  time  to 
time  to  receive  and  api)ly  the  interest  and  income  in  like  man- 
ner as  aforesaid  and  from  time  to  time  to  invest  the  surplus  of 
the  interest  and  income  of  the  said  legacy  and  of  the  respec- 
tive investments  aforesaid  and  of  each  and  every  futnre  and 
successive  investment  in  such  like  sccuiities  as  aforesaid  year- 
ly and  every  year  until  she  my  said  daughter  K  B  shall  attai|i 
the  age  of  twenty-one  years     It  being  my  will  and  niea'ning 
that  in  each  and  every  year  until  my  said  daughter  E  15  shall 
attain  the  said  age  of  twenty-one  years  only  so  nuich  of  the 
interest  and  income  as  shall  he  necessary  for  that  purpose  shall 
be  from  time  to  time  applied  to  her  comfortal)le  maintenance 
support  and  education  and  that  the  surplus  of  the  interest  and 
income  shall  yearly  and  every  year  be  invested  in  manner 
aforesaid  so  as  to  become  an  annually  increasing  and  accumu- 
lating capital  fund  j)roducing  interest  so  that  by  the  tinie  wljon 
my  said  daughter  E  B  shall  have  attained  the  said  age  of 
twenty-one  years  an  adilition  of  prihci|)al  by  the  annual  series 
of  increase  herein  before  directed  will  have  been  made  to  the 
said  original  legacy  of  thirty  thousand  dollars  and  from  and 
after  my  said  daughter  F,  shall  have  attained  the  said  age  of 
twenty-one  years'  then  upon   this  further  trust  and  special 
confidence  that  they  the  said  C  B  and  1)  B  or  the  survivor  of 
them  or  the  executors  or  administrators  of  such  survivor  shall 
and  will  from  time  to  time  receive  and  take  the  interest  and 
income  of  the  investments  of  the  said  legacy  of  thirty  thou- 
sand dollars  and  of  each  and  every  of  the  other  investments 
aforesaid  and  of  all  increase  thereof  as  the  same  shall  from 
time  to  time  accrue  and  grow  due  and  payable  and  pay  over 
the  same  interest  and  income  when  and  as  the  same  shall  from 
time  to  time  be  received  into  the  hands  of  her  my  said  daugh- 
ter E  from  time  to  time  for  and  during  all  the  term  of  her 
natural  life  to  and  for  her  sole  snd  separate  use  and  benefit 
excluding  therefrom  any  and  every  husband  that  she  may 
marry  so  that  the  same  or  any  part  thereof  shall  not  be  in 
such  husband's  power  or  disposal  or  subject  to  his  intermed- 
dling or  control  or  liable  in  any  way  or  manner  whatever  to 


48  WILLS. 

his  debts  contracts  or  engagements  And  in  case  my  said 
daughter  E  shall  marry  then  her  receipts  for  the  said  interest 
and  income  under  her  own  hand  and  in  her  own  separate 
name  alone  shall  notwithstanding  her  coverture  be  as  good 
and  available  in  law  as  if  she  had  been  sole  and  unmarried  at 
the  time  of  signing  the  same  And  in  case  my  said  daugh- 
ter E  shall  marry  and  afterwards  die  leaving  a  husband  and 
child  or  children  to  survive  her  then  my  said  trustees  shall 
and  they  are  hereby  directed  until  such  child  or  children  shall 
respectively  attain  the  age  of  twenty-one  years  to  pay  over 
to  her  surviving  husband  the  interest  and  income  of  the  said 
legacy  and  of  tlie  several  investments  and  increases  aforesaid 
to  be  by  him  applied  to  the  express  purpose  of  maintaining 
supporting  and  educating  the  said  child  or  children  of  my  said 
daughter  E  during  their  respective  minorities  And  in  case 
my  said  daughter  E  shall  marry  and  afterwards  die  without 
leaving  a  husband  but  leaving  a  child  or  children  to  survive 
her  then  my  said  trustees  shall  and  they  are  hereby  directed 
to  apply  so  much  of  the  interest  and  income  of  the  said  legacy 
and  of  the  several  investments  and  increase  aforesaid  as  shall 
froni  time  to  time  be  necessary  to  the  maintenance  support 
and  education  of  such  child  or  children  of  my  said  daughter 
E  during  their  respective  minorities  and  from  time  to  time  to 
invest  the  surplus  of  the  said  interest  and  income  in  such  like 
securities  aforesaid  and  in  manner  aforesaid  until  such  child 
or  children  of  my  said  daughter  E  shall  respectively  attain 
the  age  of  twenty-one  years  And  upon  this  further  trust  that 
after  the  death  of  my  said  daughter  E  and  after  her  child  or 
children  shall  have  respectively  attained  the  age  of  twenty- 
one  years  then  m}'  said  trustees  or  the  survivor  of  them  or  the 
executors  or  administrators  of  such  survivor  shall  and  will 
pay  over  part  and  divide  the  whole  of  the  legacy  aforesaid 
and  also  the  whole  of  the  several  investments  and  increases 
aforesaid  as  well  principals  as  interest  and  income  to  and 
among  such  child  or  children  of  my  said  daughter  E  if  she 
shall  marry  and  leave  any  as  shall  be  living  at  her  death  part 
and  share  alike  It  being  however  my  further  will  that  if  at 
the  time  of  the  death  of  my  said  daughter  E  either  of  her 
children  shall  be  dead  leaving  issue  then  such  issue  shall  take 
if  one  person  solely  and  if  several  persons  in  equal  parts  the 
share  that  his  her  or  their  parent  would  have  taken  if  then 
living  provided  always  nevertheless  and  it  is  my  further  will 
that  if  my  said  daughter  E  shall  die  without  leaving  a  child 
or  children  to  survive  her  or  if  leaving  a  child  or  children  to 
survive  her  and  such  child  or  children  shall  all  die  under  the 
age  of  twenty-one  years  and  without  leaving  lawful  issue  then 
and  in  these  cases  but  not  otherwise  all  and  every  the  said 
legacy  and  investm.ents  and  increases  aforesaid  and  all  the 
unapplied  interest  and  income  then  accrued  shall  go  and  be 
paid  by  my  said  trustees  to  my  six  sons  namely  C  B,  J  B,  R  B, 


wij.i.ii.  49 

K  B,  T  B,  andW  B  equally  to  be  divided  ajnongst  them  part 
and  share  alike  And  if  either  of  my  saitl  sons  shall  he  then 
dead  leaving  issue  such  issue  shall  take  if  one  person  solely 
and  jf  several  persons  in  ecjual  parts  the  share  that  his  her  or 
their  father  would  have  taken  if  he  had  heen  then  livin«^ 

Item  I  i^ive  and  hequealh  unto  mv  said  six  sons  the  said 
C  B,  J  B,  il  B,  E  B,  T  B,  and  W  B  the  sum  of  twenty  thou- 
sand dollars  to  each  of  theiii  provided  however  and  I  do  here- 
by order  and  direct  authorize  and  empower  my  executors 
herein  after  named  and  the  survivors  and  survivor  of  them  to 
invest  in  their  names  in  trust  the  six  several  lesjacies  of  twen- 
ty-thousand dollars  each  herein  last  before  bccpiealhed  to  my 
said  six  sons  respectively  in  t^ocd  and  secure  mort2;a2;es  of 
real  estate  bearin£;  interest  payable  at  least  half  yearly  or  in 
city  stocks  of  any  or  either  or  all  of  the  cities  of  i^cw  York 
Philadelphia  or  Baltimore  or  in  the  funded  debt  of  the  United 
States  or  of  any  State  or  in  the  capital  stock  of  any  incorpo- 
rated bank  or  banks  or  other  inv.'orporate  company  or  in  any 
or  either  or  all  of  these  modes  of  investment  as  they  my  said 
executors  in  their  discretion  shall  or  may  think  ])roper  and 
most  beneficial  and  I  will  and  direct  that  the  whole  of  tb.e 
said  six  several  legacies  of  twenty  thousand  dollars  each  so 
bequeathed  to  my  said  six  sons  respectively  and  all  the  in- 
vestments to  be  thcieof  made  as  aforesaid  shall  be  and  be 
considered  and  adjudged  as  one  general  fund  for  the  purposes 
herein  after  mentioned  that  is  to  say  that  my  said  executors 
shall  from  time  to  time  receive  and  take  the  interest  and  in- 
come arising  therefrom  when  and  as  the  same  shall  accrue  and 
grow  due  and  payable  and  shall  and  will  appropriate  and 
apply  so  much  of  the  said  interest  and  income  as  shall  be  ne- 
cessary for  these  purposes  to  the  comfortable  maintenance 
support  and  education  of  my  said  six  sons  respectively  during 
their  respective  minorities  and  until  they  shall  respectively 
attain  the  age  of  twenty-two  years  and  shall  and  will  from 
time  to  time  invest  the  surplus  of  the  said  interest  and  income 
in  such  like  securities  as  aforesaid  and  so  on  from  time  to  time 
to  appropriate  and  apply  and  invest  as  aforesaid  until  the 
youngest  of  my  said  six  sons  shall  attain  the  age  of  twenty- 
two  years  provided  also  and  I  further  will  and  direct  that 
each  of  my  said  six  sons  respectively  on  attaining  his  age  of 
twenty -two  years  shall  out  of  the  said  general  fund  have  and 
receive  his  said  respective  legacy  of  twenty  thousand  dollars 
And  I  do  hereby  also  further  will  provide  and  direct  that  when 
theyounge^t  of  my  said  six  sons  shall  attain  the  age  of  twenty- 
two  years  then  after  all  and  every  of  the  said  six  several  lega- 
cies of  twenty  thousand  dollars  each  and  the  costs  charges  and 
expenses  of  the  maintenance  support  and  education  aforesaid 
shall  have  been  first  paid  all  the  then  reiraming  surplus  of 
interest  and  income  arising  from  the    aid  legacies  and  the 

H 


50  WILLS. 

investments  thereof  as  aforesaid  together  with  the  same  invest- 
ments and  increases  shall  he  equally  divided  amongst  my  said 
six  sons  part  and  share  alike  And  in  case  either  of  my  said 
six  sons  shall  die  leaving  issue  before  his  respective  legacy 
shall  become  due  and  be  paid  then  such  issue  shall  take  if  one 
person  solely  and  if  several  persons  in  equal  parts  the  legacy 
and  all  the  ])enefit  and  increase  thereof  that  his  her  or  their 
father  would  have  taken  if  such  father  had  survived  to  be- 
come entitled  to  and  receive  the  same 

Item    A.S  for  and  concerning  all  the  rest  residue  and  re- 
mainder of  my  estate  not  herein  before  otherwise  disposed  of 
it  is  my  will  that  the  same  shall  from  time  to  time  be  added 
together  and  shall  with  all  the  increase  thereof  constitute  one 
entire  fund  to  be  improved  and  increased  in  manner  as  di- 
rected with  respect  to  the  preceding  bequests  until  my  young- 
est son  shall  attain  the  age  of  twenty-two  years    And  I  do 
hereby  order  and  direct  authorize  and  empower  my  executors 
herein  after  named  and  the  survivors  and  survivor  of  them  to 
make  the  same  an  accumulating  fund  to  be  called  the  residuary 
fund  by  investing  the  same  and  all  its  future  increase  as  it 
shall  from  time  to  time  arise  and  accrue  and  be  received  in 
such  like  securities  and  in  manner  aforesaid  and  so  continue 
to  invest  in  manner  aforesaid  all  the  proceeds  and  interest  and 
income  thereof  from  time  to  time  until  my  eldest  son  shall 
attain  the  age  of  twenty-two  years  and  when  my  eldest  son 
shall  attain  the  said  age  of  twenty-two  years  then  I  will  and 
direct  that  he  shall  have  and  receive  one  sixth  part  of  the  in- 
terest and  income  annually  arising  from  the  said  residuary 
fund  for  and  during  the  terra  of  his  natural  life  to  and  for  his 
absolute  use  and  ithe  should  die  leaving  a  widow  then  from 
and  after  his  decease  his  widow  shall  have  and  receive  the 
said  one  sixth  part  of  the  interest  and  income  annually  arising 
from  the  said  residuary  fund  for  and  during  the  then  remain- 
der of  her  natural  life  to  her  absolute  use    And  I  do  further 
provide  will  and.  direct  that  each  of  my  said  sons  in  succes- 
sion as  he  attains  the  age  of  twenty-two  years  shall  in  like 
manner  have  and  receive  one  sixth  part  of  the  interest  and 
income  annually  arising  from  the  said  residuary  fund  for  and 
during  the  term  of  his  natural  life  to  and  for  his  absolute  use 
and  in  case  either  of  them  should  die  leaving  a  widow  then 
from  and  after  his  decease  his  widow  shall  have  and  receive 
the  said  one  sixth  part  of  the  interest  and  income  annually 
arising  from  the  said  residuary  fund  for  and  during  the  then 
remainder  of  her  natural  life  to  her  absolute  use    And  in  case 
of  the  death  of  either  of  my  said  sons  leaving  a  widow  and  a 
child  or  children  then  after  the  death  of  his  widow  such  child 
or  children  shall  have  and  take  equally  amongst  them  one 
sixth  part  of  the  principal  of  the  said  residuary  fund  and  of 
the  interest  that  may  then  be  accrued  thereon    And  in  case 
of  the  death  of  either  of  my  sons  leaving  no  widow  but  leaving 


WILLS.  51 

a  child  or  children  then  from  and  after  his  decease  such  child 
or  children  shall  have  and  take  equally  amongst  them  one  sixth 
part  of  the  principal  of  the  said  residuary  fund  and  of  the  in- 
terest that  may  then  be  accrued  thereon  And  in  case  either  of 
my  said  sons  shall  die  without  leaving  a  widow  or  child  or 
children  livinp;  at  his  death  or  if  leaving  no  widow  but  a  child 
or  children  and  such  ciiild  or  children  shall  die  under  age  and 
without  issue  then  and  in  each  and  every  of  these  cases  one 
sixth  part  of  the  principal  of  the  said  residuary  fund  and  of 
the  interest  that  may  then  be  accrued  thereon  sliall  go  and  be 
paid  to  and  be  equally  divided  amongst  my  other  surviving 
sons  part  and  share  alike 

Provided  also  that  if  any  mortgage  or  mortgages  stocks  or 
other  securities  in  which  any  mtniies  shall  be  invested  under 
the  directions  of  this  my  will  shall  be  paid  oft"  then  the  monies 
thence  arising  shall  again  as  soon  as  it  can  be  done  be  re-in- 
vested in  such  like  securities  as  aforesaid  and  so  on  from  time 
to  time  whenever  and  as  often  as  any  such  mortgage  or  mort- 
gages stocks  or  other  securities  aforesaid  shall  be  paid  off  to 
the  end  and  intent  tliat  this  my  will  may  be  carried  into  full 
effect  according  to  the  tenor  and  true  meanina;  thereof  And 
in  correspondence  with  this  object  1  do  hereby  further  provide 
and  do  direct  authorise  and  empower  my  trustees  herein  be- 
fore named  for  my  said  daughter  and  the  survivor  of  them  and 
the  executors  and  administrators  of  such  survivor  so  far  as  re- 
spects the  legacy  and  its  increase  intended  for  the  benefit  of 
my  said  daughter  ancj  also  my  executors  herein  after  named 
and  the  survivors  and  survivor  of  them  so  far  as  respects  the 
legacies  hereirt  before  intended  for  my  said  sons  to  sell  change 
or  alter  all  or  any  of  the  sti>cks  aforesaid  and  to -re-invest  the 
proceeds  in  such  other  stocks  as  they  shall  think  proper  in 
their  discretion  and  as  circumstances  shall  in  their  judgment 
call  for  such  sale  change  or  alteiytion  so  as  to  render  the  same 
more  secure  or  productive  and  so  on  from  time  to  time  as  to 
all  investments  and  re-investments  whenever  and  as  often  as 
they  in  their  discretion  shall  or  miiy  think  proper  and  most 
beneficial  fur  my  estate 

And  it  is  my  further  will  that  neither  of  tlie  trustees  afore- 
said shall  be  liable  or  accountable  for  any  loss  that  nuiy  arise 
by  or  in  consequence  of  any  investment  or  re-investments  to 
be  made  by  them  respectively  as  aforesaid  nor  responsible  for 
the  acts  deeds  receipts  or  payments  of  the  other  or  others  of 
them  but  each  one  only  separate  and  apart  for  his  own  respec- 
tive acts  deeds  receipts  and  payments  only  and  not  otherwise 

And  provided  lastly  and  I  do  hereby  order  ami  direct^au- 
thorize  and  empower  my  executors  herein  after  named  or  such 
and  so  many  of  them  as  shall  take  letters  testamentary  and 
the  survivors  and  survivor  of  them  whenever  and  as  soon  as 
they  in  their  discretion  shall  think  proper  to  bargain  and  sell 


52  WILI-5. 

and  absolutely  dispose  of  all  and  singular  my  messuages  lot9 
of  ground  lands  tenements  hereditaments  and  real  estate  what- 
soever and  wheresoever  u!ito  any  person  or  persons  and  for 
the  best  price  or  prices  tliat  can  be  reasonably  had  or  gotten 
for  the  same  either  at  public  or  private  sale  or  sales  and  to 
sign  seal  execute  acknowledge  and  deliver  in  due  form  of  law 
all  and  every  such  deed  or  deeds  conveyances  and  assurances 
in  the  law  whatsoever  as  shall  be  necessary  for  granting  con- 
veying and  assuring  the  same  or  any  part  or  parcel  thereof  and 
the  absolute  fee  simple  and  inheritance  thereof  or  of  any  part 
or  parcel  thereof  unto  the  purchaser  or  purchasers  thereof  and 
his  her  or  their  heirs  an<l  assigns  forever  and  to  apply  the 
monies  proceeding  from  the  said  sales  and  the  other  monies 
belonging  to  my  estate  from  whateve^^ source  to  the  payment 
of  the  several  legacies  aforesaid  and  to  the  payment  and  dis- 
charge of  my  just  debts  and  also  to  the  uses  and  purposes  of 
this  my  will  But  this  power  to  my  executors  to  sell  is  to  be 
by  them  exercised  in  their  sound  discretion  with  reference  to 
the  real  value  of  my  several  lands  and  tenements  and  with  a 
special  regard  to  the  interest  of  my  estate  and  without  any 
needless  sacrifice  and  until  such  sale  or  sales  be  thereof  made 
my  executors  shall  have  power  to  let  set  and  demise  my  real 
estate  and  to  receive  and  take  the  rents  issues  and  profits 
thereof  and  to  apply  the  same  to  the  uses  and  purposes  of  this 
my  last  will  and  testament  Lastly  I  do  hereby  nominate 
constitute  and  appoint  my  ft  lends  A  B,  C  D,  E  F,  and  G  H 
all  of  the  city  of  Philadelphia  executors  of  this  my  last  will 
and  testament  And  i  do  hereby  revoke  annul  and  make  void 
all  former  and  other  wills  and  testaments  heretofore  by  me 
made  and  do  declare  this  only  to  be  my  last  will  and  testa- 
ment In  witness  whereof  1  the  said  A  B  the  testator  have 
hereunto  set  my  hand  and  seal  the  —  day  of —  in  the  year 
of  our  Lord  &c. 

(L.  S.) 

Signed  sealed  published  and  declared  by  tlie  said  A  B  "^ 
the  testator  as  and  for  his  last  will  and  testament  / 
in  the  presence  of  us  who  in  his  presence  and  at  his  /■ 
request  and  in  the  presence  of  each  other  have  here-  \ 
unto  subscribed  our  names  as  witnesses  -^ 

t/?  particular  Devise  in  a  Will. 

I  give  and  devise  to  my  niece  K  H  all  that  my  messuage  or 
tenement  and  lot  of  ground  situate  &c  together  with  the  ap- 
purtenances to  hold  to  her  my  said  niece  E  H  her  heirs  and 
assio^ns  forever  And  it  is  my  will  that  if  my  said  niece  E  H 
shall  leave  a  child  alive  at  the  time  of  her  death  then  the  real 
estate  herein  before  given  to  my  said  niece  E  H  shall  go  to 
such  child  in  fee  and  if  my  said  niece  E  H  shall  leave  more 
children  than  one  alive  at  the  time  of  her  death  then  the  real 


WILLS. 


33 


estate  herein  before  f;iven  to  my  saiil  niece  E  H  shall  go  to 
sucii  children  in  fee  in  equal  puits  as  tenants  in  common  And 
if  my  said  niece  shall  leave  a  giandchiWl  or  jrrandchildren 
alive  at  the  time  of  her  decease,  whose  father  or  motiier  the 
child  of  my  said  niece  E  II  shall  then  be  dead  it  is  my  will 
that  then  such  grandchild  or  grandchildren  res|)ectively  shall 
take  in  fee  as  tenants  in  common  in  equal  parts  if  more  than 
one  so  much  of  the  real  estate  herein  Ijefore  given  to  my  said 
niece  E  II  as  such  father  Or  mother  would  have  taken  if  alive 
at  the  time  of  the  death  of  my  said  niece  E  H."" 

A  Devise  and  Request  to  a  Wife  in  Bar  of  Dower. 

Item  I  give  and  devise  unto  my  beloved  wife  A  B  the  free 
use  occupation  rents  and  income  of  all  that  my  messuage  or 
tenement  and  tracfor  parcel  of  land  situate  &,c  together  with 
the  appurtenances  to  hold  to  her  my  said  beloved  wife  A  B  and 
her  assigns  fur  and  during  all  the  term  of  her  natural  life  she 
paying  the  taxes  thereof  anil  keeping  the  buildings  in  tenanta- 
ble  repair  And  I  do  moreover  give  to  my  said  wife  to  her 
absolute  use  the  sum  of  five  thousand  dollars  lawful  money  of 
the  United  States  to  be  paid  to  her  in  six  months  next  after 
my  decease  And  it  is  my  will  and  meaning  that  the  provision 
herein  before  made  for  my  said  wife  in  manner  an(l  form  as 
aforesaid  shall  be  and  shall  be  deemed  adjudged  and  taken  to 
be  in  lieu  and  bar  of  her  dower  or  thirds  or  other  portion  of 
and  in  all  my  estate 

A  short  Bequest  of  the  interest  of  Stock  for  the  mainte- 
nance and  support  of  Wife  and  Children,  ^'C. 

I  give  and  bequeath  the  interest  and  income  of  ten  thousand 
dollars  six  per  cent  stock  debt  of  the  United  States  in  the 
funds  of  the  United  States  to  A  B  and  C  D  their  executors 
and  administrators  for  the  separate  use  of  my  niece  E  F  wife 
of  T  F  so  anil  upon  this  express  (rust  and  confidence  that  they 
the  said  trustees  do  and  shall  receive  the  interest  and  income 
to  arise  therefrom  from  and  after  the  day  of  my  decease  and 
apply  the  same  to  and  Un-  the  maintenance  and  support  of  the 
said  E  F  and  to  the  maintenance  support  and  education  of  her 

•  It  will  be  perceived  that  under  this  Devise,  E  H  takes  an  estate  of  a 
peculiar  nature;  it  may  be  a  fee,  or,  by  possibility,  only  an  estate  for  her 
life.  For,  if  she  die  without  Icaviiij^  a  child  or  children,  or  a  g'randchild 
or  graridchildrcii,  living  at  her  death,  it  would  be  a  fee,  whicli  siie  mip^ht 
<lcvise,  or  which,  in  case  she  sliould  die  intestate,  would  descend  to  her 
heirs  at  law,  under  the  intestate  laws.  Otherwise,  if  she  die,  leaving  a 
child  or  children,  or  a  grandchild  or  grandchildren,  living  .it  her  dcatJi, 
it  would  he  only  a  life  estate  in  her,  and,  upon  her  death,  the  fee  would 
pass  to  them  according  to  the  form  of  the  devise. 


54  WILLS. 

children  born  and  <o  be  born  And  if  the  said  stock  shall  be 
paid  off"  then  my  said  trustees  shall  re  invest  the  proceeds  in 
such  other  slocks  as  they  shall  think  best  in  iheir  names  in 
trust  and  receive  and  apply  the  interest  and  income  tlience  to 
arise  to  the  like  uses  and  purposes  aforesaid  and  so  on  as  often 
as  any  stock  held  or  to  be  held  undei-  this  trust  shall  be  paid 
oft  and  after  the  death  of  my  said  niece  E  F  then  in  trust  to 
pay  over  and  divide  the  principal  and  all  unapplied  int(M-est 
to  and  amongst  all  and  every  her  cliildren  born  and  to  be  born 
that  shall  be  alive  at  the  time  of  her  death  in  equal  parts  and 
if  either  of  her  children  born  and  to  be  born  shall  be  then  dead 
leaving  issue  then  such  issue  shall  take  in  equal  parts  the  share 
that  his  her  or  their  parent  would  have  taken  if  then  living 

Proviso  in  a  Will  to  jjrevent  the  lapse  of  a  Devise  or  Be- 
quest, ivhich,  although  not  necessary  since  the  Jict  of 
Jissembly  of  I9fh  March,  ISIO,  i)i  the  case  of  a  child,  or 
other  lineal  descendant  of  a  Testator;  yet,  ivith  regard 
to  collaterals  and  others,  a  proviso  of  this  $ort  is  essential 
to  prevent  a  lapse. 

Provided  always  and  1  do  hereby  direct  that  if  any  of  the 
devisees  or  legatees  in  this  my  vvill  nan\ed  shall  die  before  me 
then  the  said  devises  and  bequests  shall  not  lapse  but  in  the 
case  of  real  estate  such  person  and  persons  as  shall  be  the 
heirs  of  the  devisee  shall  take  as  the  devisee  would  have  taken 
if  such  devisee  had  survived  and  outlive<l  me  and  where  per- 
sonal estate  is  given  I  direct  that  the  same  shall  |)ass  and  go 
to  the  children  of  the  legatee  and  for  want  of  a  child  or  chil- 
dren of  the  legatee  then  to  the  nest  akin  of  such  legatee  in 
ihe  same  manner  that  such  legatee  would  have  taken  if  such 
leo-atee  had  survived  and  outlived  me 

Clause  in  a  JVill,  after  the  residuary  Devise,  providing 
for  the  payment  of  debts  due  Testator,  and  for  the  mu- 
tual payment  of  debts  between  the  Children,  and  charg- 
ing each  one's  share  of  the  estate,  with  his  respective 
deot,  <5'C. 

And  it  is  my  mind  and  will  that  whatever  sum  or  sums  of 
pioney  I  have  loaned  or  may  loan  to  any  or  either  of  my  chil- 
dren and  which  may  remain  unpaid  at  the  time  of  my  decease 
shall  be  considered  as  part  of  my  said  residuary  estate  And 
it  is  my  further  mind  and  will  that  if  any  or  either  of  my  chil- 
dren shall  have  any  just  claim  against  any  or  either  of  the 
others  of  them  either  for  monies  loaned  or  paid  or  on  account 
of  any  responsibilities  then  and  in  every  such  case  I  do  hereby 
charge  and  make  chargeable  the  part  and  share  of  my  estate 
hereby  given  to  or  intended  for  such  of  them  against  whom 


WILLS.  55 

such  claim  or  claims  may  be  with  the  payment  anil  discharge 
of  such  debts  and  re?-ponsibililies 

JVill  recited  in  the  Deed  of  Marriage  Settlement  at  page  23. 

Be  it  remembered  that  I  C  D  of  the  city  of  Philadelphia 
gentleman  beiii;;;  sick  and  weak  in  body  but  of  sound  and  well 
ilisposing  mind  memory  and  understanding  do  hereby  make 
and  ordain  my  last  will  and  testament  in  manner  fidlowing 
that  is  to  say  First  I  will  that  all  my  just  debts  and  funeral 
expenses  be  fully  paid  and  discharged  Item  1  give  t<o  my  son 
G  1)  all  my  wearing  apparel  my  watcii  snufl'-box  buckles  but- 
tons and  other  trinkets  Moreover  I  give  and  devise  to  my 
said  son  G  I)  one  equal  and  undivided  half  part  of  my  mes- 
suage and  lot  of  ground  where  I  dwell  situate  &c  with  the 
appurtenances  to  hold  to  him  iny  said  son  G  1)  his  heirs  and 
assigns  forever  provided  that  if  my  said  son  shall  die  in  his 
minority  and  without  issue  his  said  moiety  shall  go  with  the 
residue  of  my  estate  to  his  mother  And  I  give  <levi>e  and 
bequeath  all  the  rest  residue  and  remainder  of  my  estate  real 
and  personal  whatsoever  unto  my  beloved  wife  A  D  her  heirs 
executors  administrators  and  assign*  forever  provided  that  my 
said  wife  for  and  out  of  the  estate  so  devised  to  her  s!u.ll  be 
at  t!ie  charge  of  the  maintenance  and  education  of  mv  said  s<m 
until  he  shall  attain  the  age  of  twenty  one  years  And  I  do 
liereby  nominate  and  appoint  my  said  wife  and  my  friend  H  J 
executors  of  this  my  last  will  and  testament  heieby  revoking 
all  former  and  other  wills  and  testanients  heretofore  by  me 
made  and  declaring  this  only  to  be  my  last  In  witness  whereof 
1  the  said  C  1)  the  testator  have  hereunto  set  my  iiand  and 
seal  the  tenth  day  of  June  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  twenty-seven 

(l.  s.) 
SigTiccl  sealed  publishcfl  and  declared  by  tlie  said  C  D'^ 
the  testator  as  and  for  his  last  will  and  testament  in/ 
the  jjrescnce  of  us  who  in  his  presence  and  at  his  re-> 
quest  and  in  the  presence  of  each  otlier  have  here-\- 
unto  subscribed  our  names  as  witnesses  ^ 


SijBtrr  of  Ml»n%i^ 


AT  JS^o.  24  ARCH  STREET, 

FMIXLiABXSIiFHIA. 


eaUiosttt  xsf  J^liin'^n. 


Fee  simple.  Ground-rent  and  Shtriff's  Deeds, 
on  parchment,  and  paper  of  various  kinds. 

Mortgages,  on  dift'erent  kinds  of  paper 

Bond  and  Warrant 

Do.  without  the  Warrant 

Refunding  Bond 

Bond  and  Petition  of  Insolvents 

Final  Petition  of  Insolvents 

Insolvent  Notices 

Discharge 

Power  of  Attorney 

Bill  of  Exceptions 

General  Release 

Lease — different  forms 

Bill  of  Sale 

Rule  and  Certificate  of  Reference 

Letter  of  Instructions  to  Commissioners 

Notice  to  enter  Special  Bail 

Lien  Entry  for  work  or  materials 

Articles  of  separation  between  husband  dr  wife 

Assignment  for  the  benetit  of  creditors 

Petition  for  Divorce 

Petition  for  Naturalization 

Trial  notice 

Affidavit  of  defence 

Proceedings  against  Tenant  holding  over.— 
1st  Notice.  2d  Complaint.  3d  Precept. 
4th  Inquisition.  5th  Record.  6th  War- 
rant to  make  restitution. — Also  all  the 
forms  necessary  under  the  new  Act. 

Notice  of  Rule  to  plead 

Notice  of  the  Meeting  of  Arbitrators. 


Petition  for  Tavern  Licence 
Indentures  of  Apprenticeship 
Marriage  Certificate 
Seamen's  Protection 
Seaman's  Will 

Summons,  Warrant,  Execution,  and  all  other 
forms  commonly  used  by  Magistrates 

DECLARATIONS: 

Commencement  and  Conclusion 

Account  stated 

Money  had  and  received 

Money  paid,  laid  out  and  expended 

Money  lent.  e!rc.. 

Work,  labour  and  materials 

Use  and  occupation 

Goods  sold  and  delivered 

A  declaratiou  containing  several  counts 

Debt  on  Bond 

Debt  by  Assignee  of  Bond:  1st,  2d  and  3d  as- 
signments 

On  Bail   Bond 

On  Bond,  with  confession  of  judgment 

On  Slander 

Indorsee  v."  Indorser 

Indorsee  v.  Maker 

Payee  V.  Maker 

On"  Bills  of  Exchance. 

On  Policy  of  Insurance 

On  boai-ding  and  lodging 

Trover— for  a  single  article,  and  for  several  ar- 
ticles of  property 


MERCHANTS'  BLANKS. 


Seamen's  Articles 

Bills  of  Exchange 

Shipper's  Manifest 

Coastwise  Manifest, 

Import  Entry,  with  Owner's  and  .Agent's oaths 

Export  Entry,  direct,  1.  2,  and  3  oaths 

Export  Entry,  coastwise,  1,2,  and  3  oaths 

Do.  Inland,  do. 

Bills  of  Lading,  1,  2,  and  3  on  a  sheet 
AVest  India  Entry 

Inward  Entry,  coastwise  and  inland 
Transportation  Entry,  inland 
Certificate  of  Landing 
Entry. of  Teas  for  long  credit 


Crew  List 

Return  of  passengers 

Entry  of  Goods  to  be  taken  from  C.  H.  stores 
Appraisement  of  Goods 
Inward  Manifest 
Report  and  Maniftst 

Ex.  Entry, inlander  coastwise,  1,2, and  3  oaths 
Outward  Entry,  coastwise,  1, 2,  and  3  oaths 
Ex.  Entry  of  goods  received  from  two  districts- 
Spirit  Entry 

Extract  from  original  invoice 
Freight  List 
Bills  of  Sale  of  Vessels 
Entry  of  Goods  to  be  deposited  in  C.  H.  stores 


(Xj'  The  above  Laxu  Blanks  have  been  carefully  corrected  by  several  of  the  most 
able  Attorneys  in  the  city  of  Philadelphia.    ■ 

This  Establishment  being  chiefly  designed  for  the  publication  and  sale  of  B  Zi  ii.  IT  K  S; 

all  the  types  and  other  printing  materials  most  suitable  for  that  purpose  have  been  provided,  and 
particular  care  is  taken  to  select  the  best  and  most  suitable  kinds  of  paper,  and  in  the  execution 
of  the  printing.  Stationers  can  be  supplied  with  any  quantity  of  Blanks,  to  whom  a  liberal 
deduction  will  be  made  for  cash. 

A.  WALKER,  Agt. 


M^.Jtiri-iiidM^^ 


'mrrt^-^  mrzm.  '^jr^ifc  -  &•■ 


